katie webber resource environmental solutions

The Mental Capacity Act 2005 came into force in 2007 and is designed to safeguard the rights of vulnerable individuals who are unable to make certain decisions for themselves. While this does not mean that all clinical commissioning groups will necessarily put a hold on all further assessments, it does mean that they can, should it be crucial to divert resources elsewhere.Īt this early stage, it remains to be seen how different public bodies will respond to the new legislation but it is clear from the above that the impact on those public bodies and the individuals they support could be stark and wide ranging. However, the Coronavirus Act again suspends the duty of assessment. In order for eligibility for NHS continuing health care to be determined, an assessment needs to be carried out by the relevant NHS clinical commissioning group. NHS Continuing Healthcare – Where a person has ongoing significant physical and/or mental health needs and, having considered those needs, the vast majority of the care required is focused on addressing and/or preventing health needs, NHS continuing healthcare may be available. The Coronavirus Act suspends these duties but it can reasonably be assumed that, unless a person has been informed otherwise, existing care plans will remain in place.

It further requires those care plans to be reviewed periodically or following receipt of a reasonable request from those to whom the care plan relates. The Coronavirus Act has also suspended this duty but local authorities will need to continue to conduct this assessment if they have undertaken a care assessment and want to be able to charge an individual for all or part of their care.Ĭare Planning – The Care Act requires local authorities to produce care plans, where an individual has been assessed and has eligible needs, for the purpose of setting out what care and support will be put in place. However, the Coronavirus Act suspends this duty and gives local authorities the discretion as to whether or not an assessment can and should be undertaken.įinancial Eligibility – Where an assessment of need has taken place, the Care Act includes a positive obligation on local authorities to conduct a financial assessment to establish whether or not a person is entitled to have their care and support provision funded. The following sets out aspects of the Care Act and the theoretical changes that the Coronavirus Act allows for:Īssessment – The Care Act has a low threshold for assessment and provides that anyone who ‘may’ be in need of care and support is entitled to be assessed. In theory, the Act could be used to reduce or withdraw existing publicly funded care packages but the Health Secretary has cautioned that its powers should only be used ‘when strictly necessary’. In particular, local authorities will now only have a mandatory obligation to meet a person’s care and support needs if failing to do so would be a breach of that person’s human rights. However, the Coronavirus Act now considerably alters the scope of those duties. The Care Act 2014 places a duty on local authorities in relation to the assessment of an individual’s care needs, as well as the support needs of carers and addresses subsequent eligibility for publicly funded assistance.

The legislation could be in place for up to 2 years but its necessity will be reviewed every 6 months.

To increase public sector staffing levels.

To reduce the administrative and resourcing pressure on the health and social care sector and.To support the slowing of the spread of the virus.The Act, which in the words of Health Secretary, Matt Hancock, takes ‘extraordinary measures’ has been introduced with three primary aims: As efforts step up across the UK in response to the Covid-19 pandemic, parliament has rapidly introduced the Coronavirus Act 2020, which received Royal Assent on 25 March 2020.

Katie webber resource environmental solutions