A year on from the introduction of the Care Act, a review by the Carers Trust has found that the new act has made little or no difference to the 5.4 million carers in England.
Carers Trust surveyed and spoke to unpaid carers looking after their sick or disabled family and friends, and to health and social care professionals to find out how well they thought the new act, which entitles carers to an assessment of their needs, was working.
The review, led by former care minister Paul Burstow, found a ‘mixed picture’ with examples of good practice, but in many cases found that the act had made no difference to carers. In some instances, carers hadn’t heard about the measures that had been introduced, which could support their needs and well-being as a carer.
The new Care Act came into force on 1 April 2015 and gave carers rights on an equal footing to the people they care for.
Their new rights include taking into consideration the carer’s health and wellbeing, family relationships and their need to balance their home life with their education or work. If they are found to be eligible they are entitled to support, sometimes funded by their local authority. In addition, all local authorities must provide advice and information and prevent carers’ needs from getting worse.
Former Care Minister, Prof Paul Burstow said:
“For many of the carers who responded to Carers Trust’s calls for evidence, the response was stark - the act had made no difference. It was news to some that there were new rights as they simply hadn’t heard of them.
“We found evidence that when it comes to an assessment, the law is either poorly understood or ignored by those responsible. Too often it appears that carers are fobbed off with a one-off payment by local authorities as if that discharges the obligation to promote the carers’ wellbeing.
“We know it’s early days, but more work must be done to impress upon those responsible for the day-to-day implementation of the act that business as usual is not good enough. The Care Act raises the bar for carers but to realise its potential government, councils, social workers and carers organisations all have more to do.”
Chief Executive of Carer Support Wiltshire, Catharine Hurford said:
“One year into the introduction of the Care Act, the review makes really interesting reading. While the carers partnership between the council, health services and voluntary sector is working well here in Wiltshire, with strong evidence of the positive impact the Act has brought to carers in the county, the true long term implications of the Act are only now becoming apparent. With the emphasis on wellbeing, prevention and working together things will continue to change and we are positive that they will change for the better for carers and the people they care for.”
The review received more than 800 responses, which included evidence from three days of oral hearings where a panel heard personal accounts from carers as well as from leading health and care providers and carers groups.
It found:
- Only 21% of respondents felt that things had changed as a result of The Care Act 2015
- 65% of carers who responded said they had not had an assessment, while 4% didn’t know whether or not they’d had an assessment
- Only 5% of respondents were non-white, suggesting that the act was failing to be implemented in Black and Minority Ethnic groups
- 31% had received an assessment and described the quality as good
Many carers don’t see themselves as carers which posed a problem identifying and supporting them, said Carers Trust.
Gail Scott-Spicer, CEO of Carers Trust, said:
“The Care Act was widely welcomed when it was introduced, but it’s clear from our report that it is not being implemented fully everywhere and carers are not getting the support they need.”
As a result of the review the panel is recommending:
- that national and local government, together with the NHS, urgently invest in the support needed to ensure that the new legal rights for carers are being introduced in all areas. This will ensure carers receive the support and breaks they need.
- The Care Act support programme should continue supporting councils with resources and training to ensure its full implementation of the Care Act for carers.
- Local Authorities with the LGA/ADASS, should work with carers and service users to develop a self-assessment tool to monitor their progress with implementing the act. As part of this they should urgently review their carer assessment waiting times and recording systems, to ensure that carers receive timely support.
- NHS Trust providers and GP practices should review their policies to ensure that their organisations are carer-friendly, in order for carers to be identified, involved and consulted, particularly when the person they care for is being discharged from hospital.
The call for evidence began on February 1 and ran for seven weeks. Three oral evidence days were held in Birmingham, Leeds and London. The findings were reviewed by a panel of experts and advisers.
Panel members:
- Beth Britton, Freelance Campaigner and Consultant, Writer and Blogger specialising in issues affecting older people, health and social care and specifically dementia
- Dr Mary Larkin, Senior Lecturer at the Open University
- Gail Scott-Spicer, Chief Executive Officer, Carers Trust
- Grainne Siggins, Director of Adult Social Care in the London Borough of Newham, and Chair of the Carers’ Policy Network in ADASS
- Professor Nigel Sparrow OBE, Senior National GP Advisor and Responsible Officer at the Care Quality Commission
Advisers:
- Professor Saul Becker, Pro-Vice-Chancellor and Head of College of Social Sciences at the University of Birmingham and Professor of Social Policy and Social Work.
- Andrew Cozens CBE, leading national social care and health policy analyst and improvement specialist.
- Elaine Edgar OBE, former senior civil servant in a number of policy areas for the Department of Health, and Trustee of Mole Valley Carers Support
Feedback given in evidence included:
“There isn’t a legislative duty in there for the NHS which makes it hard to encourage commissioners to understand their role. What it has done is build our partnership approach in terms of how we deliver on our own commitments. These partnerships have been fundamental in driving that work and making sure it is sustained. The Care Act has really helped to promote the profile of carers.” (Jen Kenward, Experience of Care Lead – Community, Primary and Integrated Care, Nursing Directorate, NHS England, said in oral evidence).
“I continue to have zero personal support after a mental breakdown.” (Carer)
“Knowing I have the right to be asked if I am ‘willing and able to continue caring,” has stopped the crucifying assumption I have a duty to care until I drop”. (Carer)
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