Posted 14.04.15
Delegates packed into Croftons' Manchester city centre seminar to hear Melanie Dirom (Partner and Head of Housing) and leading counsel from Cornerstone Chambers discuss the imminent Care Act which cames into effect on 1 April 2015.
Introducing the seminar, Croftons' Managing Partner Simon Leighton said that while many of the provisions in the Care Act may not be new, the Care Act is one of the most important pieces of legislation in recent years because it draws together and also updates existing law as well as introducing some key reforms.
He went on to say - the Act is relevant to local authorities, housing providers, the health service and police, and while the local authorities will be ultimately responsible for the duty of care which is at the heart of the Act, there are key duties for housing providers to implement.
Andrew Lane of Cornerstone Chambers emphasized the importance of the Care Act for Registered Providers:
"Housing is central to a person's care and support.
"Under the Care Act, there is a duty of cooperation placed on local authorities and this means involving and working cohesively with Registered Providers and other bodies in direct contact with people's wellbeing."
Dean Underwood, also of Cornerstone Chambers, likened the concept of wellbeing to the 'North Star' which guided the Vikings to the shores of Great Britain in 789AD. Dean said:
"The principle of wellbeing is the North Star in understanding the Care Act for Registered Providers.
"Promoting individual wellbeing is at the very heart of the Care Act. Wellbeing doesn't mean just 'being well' - it is much wider than that and includes improvements in a person's living accommodation, personal dignity, physical and mental health and protection just to name a few.
"Local authorities - with whom the buck stops on complying with the Care Act - are required, within the definition of wellbeing, to prove that they are actively improving the suitability of living accommodation for people.
"Who will they turn to? Registered Providers - you are the natural 'go to' organisations to inform, anticipate, prevent and address the wellbeing from a housing point of view.
"While there is no clear definition of 'improvements' to be made, a good starting point would be to assume at least these elements: location, condition of the property, accessibility, neighbourhood, and transport links."
Dean also pointed out the importance of early detection of people at risk - for example from abuse and neglect. While the 'tell-tale' signs may be obvious, more often than not abuse and neglect is invisible - where emotional and financial abuse occurs, for example. Local authorities will rely on housing providers to be vigilant and also to investigate when abuse or neglect is suspected.
Offering delegates a really practical example, Croftons' Melanie Dirom illustrated the ever-increasing issue of hoarding. She said:
"There are legal remedies such as injunctions, but in fact this may not always be the right answer. It is important to understand why someone is a hoarder - is it deliberate or as a result of a mental health issue?
"The person may suffer from lack of capacity, in which case they are not able to make a decision and this means they cannot be served an injunction. Sometimes, people's capacity fluctuates, which further complicates the RP's ability to act responsibly."
Drawing the seminar together, Melanie, Dean and Andrew summed up their advice for RPs - "act now", they unanimously agreed:
Melanie Dirom can be contact on 0161 827 7178 or by email melanie.dirom@croftons.co.uk.
