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16.05.14

Care Bill becomes law

After passing through the House of Lords, the government’s Care Bill has received royal assent, becoming law on May 14, and bringing with it sweeping reform for care and support across the country. 

Under the legislation, there are provisions in place for delivering a minimum eligibility threshold – a set of criteria that makes it clear when local authorities will have to provide support to people. 

Care minister Norman Lamb said: “Until now, local authorities have been able to decide this threshold themselves, meaning decisions varied from place to place. And, in the face of financial pressures, a number of councils have raised their threshold level in recent years. 

“In future, councils will not be allowed to tighten their thresholds beyond this minimum threshold, giving those who are eligible peace of mind that they won’t have their care taken away from them because of some arbitrary change to the criteria.” 

Additionally, local authorities will have a duty to consider the physical, mental and emotional wellbeing of the individual needing care. They will also have a new duty to provide preventative services to maintain people’s health. The care system will also be built around each person – through Personal Budgets. 

But the measures, which include plans to introduce a £72,000 cap on care costs in England (not including accommodation costs) and safeguards for data-sharing of medical records, have been labelled “modest” and a “Frankenstein Bill” by Labour. 

In defence of the Bill, Lamb said: “All too often we see people falling through the cracks between the NHS and care and support provided in the community – different parts of the system don’t talk to each other or share appropriate information, so people don’t get the support they need. That’s why we have made a commitment to make joined-up health and care the norm by 2018. 

“Of course, we have to find a way to fund all these changes. That’s why the £3.8bn announced in the Spending Review settlement to bring together health and social care budgets, and make sure everyone gets a properly joined up service, is so important,” he added. 

The Bill also includes provisions to introduce mandatory training and certification of health and care support workers (HCSWs). 

Dr Peter Carter, chief executive and general secretary of the Royal College of Nursing (RCN), said that by introducing mandatory training and certification, the country is one step closer to consistent training and accountability – meaning better care for patients. 

He stated: “The new Care Certificate is intended to give reassurance to patients about the skills, attitudes and competence of the people looking after them. The RCN will be interested to see the outcome of the forthcoming pilots, and to ensure that the certificate is fit for purpose prior to the wider implementation from March 2015.” 

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