Guidance

Care and support statutory guidance: changes in March 2016

Updated 19 April 2016

The statutory guidance supports implementation of part 1 of the Care Act 2014 by local authorities, the NHS, the police and other partners.

The edition published on 10 March 2016 supersedes the version issued in October 2014. It takes account of regulatory changes, feedback from stakeholders and the care sector, and developments following the postponement of social care funding reforms to 2020.

The table shows where changes have been made and details the more significant changes. Any future updates will be highlighted in the guidance document.

Chapter	Subject	Details of the change
1	Promoting wellbeing	New description for the role of principal social worker
2	Preventing, reducing or delaying needs	Minor amendments
3	Information and advice	Amended to reflect changes to the care cap
4	Market shaping and commissioning of adult care and support	Clarification of local authorities’ responsibilities to manage local care markets and commission
4	Market shaping and commissioning of adult care and support	Changed to reflect postponement of funding reform
5	Managing provider failure and other service interruptions	Minor amendments
6	Assessment and eligibility	Minor amendments
7	Independent advocacy	Clarification of potential conflict of interest within advocacy provider organisations
7	Independent advocacy	Amended to reflect changes to the appeals system
8	Charging and financial assessment	Changes to this chapter and Annexes A, B and C to correct minor errors and to clarify the content
8	Charging and financial assessment	Clarification of the rules governing charging for social care and local authority discretion about charging for home care
9	Deferred payment agreements	Minor amendments
10	Care and support planning	New case study
11	Personal budgets	Minor amendments
12	Direct payments	Changed to reflect roll-out of direct payments in residential care in 2020
13	Review of care and support plans	Minor amendments
14	Safeguarding	New research into best practice with those who self-neglect and clarification of enquiries under Section 42 of the Act – ordinarily it is not appropriate for people are failing to care for themselves – Section 42 is aimed at those suffering abuse or neglect from a third party
14	Safeguarding	New definition on domestic violence to reflect new legislation
14	Safeguarding	Additional information about financial abuse to reflect increases in internet, postal and doorstop scams
14	Safeguarding	Reporting and responding to abuse and neglect updated to highlight the need for practitioners to consider the need for criminal investigations and get advice if necessary
14	Safeguarding	Clarification to reporting and responding to abuse and neglect on the powers that local authorities have – this may be significant in adult safeguarding
14	Safeguarding	Added cross references to chapter 1, Promoting wellbeing, to clarify the prevention agenda the importance of identifying and managing risk of abuse and neglect
14	Safeguarding	Clarified that allegations about people in positions of trust is local authorities and other partners responsibility, as well as the large and diverse independent provider sector and links made to children’s safeguarding and considering risk
14	Safeguarding	New guidance that local authorities should use tried and tested surveys to understand the experience of carers and service users who have been involved in a safeguarding process
14	Safeguarding	Removed the need to have a Designated Adult Safeguarding Manager (DASM)
14	Safeguarding	Role of professional and practice leadership in adult safeguarding updated to reflect the need to have experts within an organisation – emphasising the potential role of the Principal Social Worker
14	Safeguarding	Clarified the need for a strategic and accountable lead for safeguarding at a senior level to make sure the Safeguarding Adults Board Strategic Plan is implemented
16	Transition to adult care and support	Updated to reflect changes to funding reform plans for people with care and support needs reaching 18 years of age
19	Ordinary residence	Clarification about local authorities arranging care and support in another area and mental health after care, particularly under section 117 of the Mental Health Act 1983, including Article 5 of the Care Act (Transitional Provisions) Order 2015 on the process for seeking ordinary residence determinations and cross-border arrangements for other care settings – some content about ordinary residence for those lacking capacity has been removed
20	Continuity of care	Minor amendments
21	Cross-border placements	Updated to cross-border arrangements for other care settings
23	Transition to the new legal framework	Changed to reflect the approach to transition set out for local authorities in March 2015
Annex A	Choice of accommodation and additional payments	Changed to reflect updates in chapter 8, Charging and financial assessment
Annex B	Treatment of capital	Minor amendments to reflect changes in chapter 8, Charging and financial assessment
Annex C	Treatment of income	New information about working Tax Credits, pensions and annuities, and child support/Child Benefit
Annex H	Ordinary residence	Amended information about people who have sufficient funds to pay for their own care, including a new case study
Annex I	Repeals and revocations	Minor amendments

There were no changes to chapters 15, 17, 18 and 22 or to annexes D, E, F and G.