CALDERDALE MBC WARDS AFFECTED: ALL 8 CABINET MONDAY 7TH DECEMBER 2009 IMPLEMENTATION OF INDIVIDUAL BUDGETS IN CALDERDALE REPORT OF THE DIRECTOR OF ADULTS, HEALTH AND SOCIAL CARE 1. ISSUE 1.1 On 6th April 2009 Cabinet agreed in principle to the implementation and piloting of individual budgets, with a report to come back later in the year covering the detailed policy and financial implications. 2. NEED FOR DECISION 2.1 The implementation of individual budgets involves major changes to service delivery and policy, which require Cabinet’s approval. 3. RECOMMENDATION 3.1 Members are asked to approve:i. The individual budget system described in this report (see paragraphs 5.1 to 5.4); ii. The new assessment process including a self assessment (see paragraph 4.5); iii. The proposed method of calculating the individual budget using a Resource Allocation System (RAS) based on costs of existing services rather than points (see paragraph 4.6); iv. The proposed rates to be paid under cash IB’s (see paragraphs 4.10 and 4.11); v. Proposed changes to the way payments are made, including the use of payment cards (see paragraph 7.2) and collecting charges by means of net payments (see paragraph 7.3). vi. To receive a further report on charging for services in early New Year (see paragraph 7.4). 4. BACKGROUND 4.1 The principle behind individual budgets is to enable people in need of social care to have greater control over the services they receive. Key features are: An outcome-based assessment drawing on the individual’s contribution through a self assessment A transparent allocation of resources, giving individuals a clear cash or notional sum for them to use on their care or support package Giving individuals the ability to plan the care and support to best suits their particular requirements Support from a broker or advocate, family or friends, as the individual desires. 4.2 As part of its Putting People First transformation programme, the Council is committed to implementing individual budgets on a phased basis by April 2011, with the following key milestones: Pilot Scheme – June 2009 to December 2009 Pilot evaluation and consultation October/November 2009 Cabinet report December 2009 Individual Budgets available to all new customers January/February 2010 Existing customers converted to an Individual Budget from March 2010 onwards. 4.3 In April 2009, Cabinet agreed to the piloting of individual budgets in order to enable different approaches to be tested out and to identify the best solutions for people in Calderdale. The Pilot Team has comprised a team manager, two social workers and two care co-ordinators (support planners). 4.4 Assessments 4.4.1 Self assessment is a fundamental principle of Individual Budgets but it does not remove the local authority’s legal responsibility to conduct a full Community Care Assessment where necessary. Prior to starting the Calderdale pilot scheme the Project Manager and the Team Manager researched the different types of self assessment forms used by the thirteen local authorities that participated in the national pilot scheme. Eleven of the local authorities chose to use a form developed in conjunction with ‘In Control’, an independent organisation that works closely with the Department of Health. Officers developed a similar form and then consulted with a small group of service users to refine the form further. The feedback from service users demonstrated that the forms were too long, too complicated and not sufficiently outcomefocused. 4.4.2 A new self assessment form has been developed, which is much easier for service users to complete and forms part of the Community Care Assessment. It focuses on outcomes and not on budget. Feedback from service users in the pilot has been very good. 4.5 Resource Allocation System (RAS) 4.5.1 The majority of authorities within the national pilot scheme chose to develop a self assessment form that would also calculate the amount of the Individual Budget. Nationally, the Association of Directors of Adult Social Services (ADASS) has recently published a Common Resource Allocation Framework based on work undertaken in 18 councils. Officers are in the process of evaluating whether the proposed Framework will be an appropriate way forward for Calderdale (see Section 5 below). 4.5.2 In the meantime officers have developed a system which is based on the costs of existing services. This is transparent and easy for service users to understand and is calculated by the social work staff as part of their community care assessment. Using this approach, the responsibility for the calculation of the budget lies with the social work professional and not the service user. This ensures that it reflects the agreed shortfalls in care identified in the assessment. 4.5.3 So far, this methodology has worked well within the pilot scheme but it will be the responsibility of the Team Managers to ensure that assessments are consistent when the teams start to calculate the individual budgets. The basis on which these amounts will be calculated is contained in paragraph 4.10. 4.6 Measuring Outcomes 4.6.1 To complete the self assessment form the service user simply needs to circle on a score chart from 1 to 10 what they feel their needs are for the ten outcomes which form the basis of the assessment. People can complete the form on their own or with help from family, friends, carers or social care staff. If they wish to expand on their needs, they can do so, but that is their choice. More detailed information will be contained in the Community Care Assessment which is produced by the Social Worker. The scores translate into a chart, as below. 4.6.2 The chart is a visual tool that is personal to the service user but which can be used for many purposes. The red blocks indicate where the service user has the greatest need, the yellow blocks indicate a need and the green blocks indicate no needs. This gives a clear indication of service user’s priorities and where the individual budget should be spent. A simple reassessment will be repeated at each review so that progress can be effectively monitored and recorded. 4.6.3 From a service perspective we can look at individual charts or we can group them together on an area basis, service user grouping or as a whole. By grouping the charts together, we can use the data to measure the effectiveness of teams in achieving service user outcomes. It enables us to re-visit service users when outcomes are not being met and take appropriate action. This action may be reworking the individual service user’s support plan or using aggregated information to move resources or reshape the social care market in a particular area to meet the changing demands of service users. It is a tool that enables us to effectively monitor service user outcomes so that we can make a really positive impact on their lives. 4.7 Managing Risks and Safeguarding 4.7.1 Increasing the service user’s choice and control inevitably increases risks, which the Council needs to manage. Officers have taken care to implement safeguards at each stage of the customer journey. Wherever possible the processes form part of the social worker’s assessment. However, more overt measures are being put in place, including a risk panel which will consider safeguarding issues relating to the individual budget. So far within the pilot there has been no need to use the risk panel. The panel is most likely to be used if the service user wants to employ a Personal Assistant, seen as unsuitable, if the support plan contains a high level of risk or if there are concerns about the individual’s capacity to manage their own services. 4.7.2 Service users will be paid in instalments. If there is evidence of mismanagement then we can reduce this or take them off cash payments. 4.8 Re-Structure of the Care Management Teams 4.8.1 The introduction of individual budgets across the locality teams represents a major change in the organisational culture and the way the services are commissioned and delivered. To support this change, the current care management function needs to change, along with certain job roles. It is proposed to separate the assessment and support planning functions. This allows our professionally qualified staff to spend more time on the assessment process, the calculation of the budgets and working with more complex cases. The support planners will concentrate on working with service users to develop their support plans and broker services on their behalf. This is a ‘leaner’ process as the support planner will be skilled to complete all tasks, where previously some tasks may have been referred to either the direct payments team or the brokerage service. The restructure is likely to take place in September 2010. Under Council policy it will be necessary to bring a further report to Cabinet once the plans are more clearly formulated and formal consultation with the Staff Side has taken place. 4.8.2 Although the individual budget process can be more time consuming for some service users, we do not envisage any increase in the staffing establishment. The impact of the single point of access and the reablement schemes will mean that fewer service users need to go through an assessment process in the care management teams, thus creating greater capacity. There may be some scope for efficiency savings (See Paragraph 7.1.8). 4.9 Evaluation of pilot 4.9.1 Eighty six people have been assessed by the Individual Budgets pilot team. The following table shows the referrals processed by the pilot team as at the end of October. Description Referrals received Cash IB paid Virtual IB’s commissioned Assessment complete but support plan in progress In the assessment stage Ineligible for services as they did not meet the FACS criteria 24 hour care commissioned Low level services commissioned Total IBs Actions 112 27 7 16 – all likely to lead to a cash IB 22 6 1 7 86 4.9.2 . As part of the pilot Individual Budgets process, officers have developed a tool to assist Social Workers in determining the correct Fair Access to Care Services (FACS) eligibility banding. This is embedded into the assessment process and less susceptible to personal discretion. It also removes the current service-driven approach to determining FACS. 4.9.3 Making the FACS process less service-driven will mean that people can access support packages very different from those currently available at different eligibility bands. This could have financial implications if the support packages in the lower bands are dearer than the existing menu of services that can be provided. This will be closely monitored as individual budgets are mainstreamed during the coming months. 4.9.4 The evaluation of the pilot has focussed on customer experience, customer outcomes, the quality of the service and value for money. The people who have received an Individual Budgets process feel that they have been fully engaged in the process, have had the opportunity to clearly identify the difficulties they are experiencing and be involved in determining the solutions. Service users like the My Outcomes document and the opportunity it provides to articulate what they consider to be their main difficulties and that there is a visual representation of this on the chart. There has been positive feedback from service users that the process has helped them to achieve their outcomes and on review the pilot team have found that, for most people, there has been an improvement in their outcomes score. The numbers of people who have received an individual budget is currently insufficient to determine the financial impact of individual budgets. 4.10 Proposals for calculating cash IB rates 4.10.1 Members agreed rates for calculating Direct Payments in a report to Cabinet on 25th June 2007. It is proposed to change some of these rates in determining entitlements under cash IBs. 4.10.2 Hourly rate The proposed hourly rate to be paid as a cash IB is £12.00 per hour. This rate was determined by taking into consideration the current direct payments rate and the rate at which services can be provided. Currently the Direct Payment rate per hour is £11.60. This includes £1.60 per hour for holiday, sickness cover and Bank Holiday payments. The £12.00 per hour rate is sufficient to allow payment of the on-costs associated with employing staff, including National Insurance and holiday pay. The current Direct Payment rate also includes an amount of money for set up costs; however the £12.00 will cover these costs. This will simplify the system and make it easier for recipients of a direct payment to manage their funds. A contingency pot is currently held centrally for emergencies and Direct Payment recipients can request funds to meet additional costs incurred when emergencies arise. It is proposed that this will continue for cash IB recipients. 4.10.3 Sleepover rate A sleepover is a service where a carer sleeps in the service user’s home overnight. Currently, the Direct Payment rate per night is £38.33. The cost of purchasing a sleep-in service is currently £51.78 from Calderdale Care Scheme. It is proposed that the IB rate for a sleepover will be set at £50.00 per night 4.10.4 Waking Night rate A waking night is a service where a carer stays in the service users home overnight. Currently the Direct Payment rate per night is £78.99. The cost of purchasing a Waking Night service is currently £91.84 from Calderdale Care Scheme. It is proposed that the IB waking night rate will be set at £90.00 per night. 4.10.5 Day Service rate Currently the Direct Payment day care rate per day is a maximum of £70.00. This is made up of a maximum of 7 hours at £10 per hour. However in practice many people do not require or want 7 hours per day in lieu of day services. It is proposed that the equivalent of a day service will be paid on an hourly basis up to a maximum of 6 hours per day at £12 per hour, giving a maximum payment of £72 per day. 4.10.6 Respite care The current Direct Payment scheme pays a respite rate calculated as: Ten hours per day at the standard hourly rate of £10.00 per hour A sleepover paid at £38.33 This provides a payment of £138.33 per day. During the pilot a number of options for the payment of respite care have been considered; however, officers have been unable to reach a clear recommendation on the best approach to take. It is proposed to bring a further report to Cabinet with detailed proposals for a revised respite rate along with the report on changes to charging policy in the New Year. In the meantime we will retain the current rate 4.11 In line with national advice and case law people currently receiving direct payments will continue with their current level of support unless their needs are assessed to have reduced 5 OPTIONS CONSIDERED 5.1. Officers have carefully considered whether to recommend to Cabinet that the Council moves now to mainstream the processes piloted over the past six months or whether to delay implementation in order to have time to consider the new national approach in the ADASS Common Resource Allocation Framework, published in early November. It should be noted that while this is a complete system, it is not being portrayed as a required approach or one that will necessarily be widely adopted, but it could become the de facto national system if sufficient councils decide to adopt it. 5.2. The main benefits of proceeding with our current processes and documentation are: We are at an advanced stage of developing the documentation, procedures and ICT systems to support these processes. They have been fully piloted and will work. Staff, service users and stakeholders are now geared up to implementation and mainstreaming of individual budgets from January 2010. Changing to the national system will require a delay of at least 3 months and we will lose the momentum for change that has been built up. Our LAA targets for self directed support would be adversely affected by any delay in implementation. This could impact on the Council’s performance rating. We would fail to meet some of the National Milestones that have been set for transforming adult social care. 5.3 The main benefits of considering early adoption of the national system are: It takes away the need for staff to learn new processes if we decide to adopt at a later stage. We will be using a system that has already been taken up by a number of councils and has the stamp of approval of ADASS. The national system for calculating the Resource Allocation System is the one that most councils are piloting or rolling out. 5.4. Officers believe that we should not change course at this stage, but should investigate whether it would be in the Council’s interests to adopt the national system from late 2010, when structural changes are due to be made and staff will be working to new roles. This gives time to make any changes to documentation, ICT systems and so on. 6 CONSULTATION 6.1 Service users and carers have been an integral part of the project decision making process. There are service user representatives on the Project Board. A separate group of service users and carers are contributing to the design and development of business processes and documentation. 6.2 NHS partners and colleagues from the Children’s and Young People’s service are represented on the Project Board. 6.3 Presentations and discussions have been given to a number of service user groups. These include: Calderdale Pensioners Association Direct Payments Recipients Group The Putting People First Disability Partnership Calderdale Carers Project BMA Men’s Day Service Age Concern Asian Women’s Day Service Older Peoples Day Services 6.4 A number of services users who attended the above groups have already volunteered to take part in the pilot scheme. In general the concept of individual budgets has been received with enthusiasm. However, older people have tended to express greater reservations. Individual budgets have been discussed at the Older People’s Delivery Partnership, where there was a mixture of enthusiasm and caution. The Older People’s and Learning Disability Strategies (both of which were the product of wide-ranging engagement with stakeholders, service users and carers) embrace the development of individual budgets and self directed support. 6.5 The development of individual budgets is likely to require significant changes to the job roles and, potentially, numbers of staff required to undertake assessment and care management functions. Staff have contributed to the development of the project. Representatives from all areas of the service are part of the project workstreams and progress is posted on the Council’s Intranet for all staff to comment on. There have been a number of consultation and information workshops to which all relevant staff were invited. These were well attended. In addition, there are regular meetings with Trade Union representatives. A copy of this report has been sent to Unison, who have expressed some concerns about the restructure plans in the Care Management Teams (see Paragraph 4.8.1). 6.6 Three public consultation events have taken place in Brighouse, Halifax and Todmorden. These were widely advertised but poorly attended. Many of the attendees represented organisations rather than being from the general public. The feedback was supportive of the Council’s proposals, but raised issues about some aspects. One person commented that they did not want the responsibility involved in employing their own staff. Another person was concerned about some of the risks of abuse. There was support for the introduction of payment cards. 6.7 An Equality Impact Assessment is being undertaken as a part of the pilot evaluation. This information will be used to ensure that: 7 Our services are accessible and appropriate to all members of the community and do not discriminate against any groups Our policies and procedures are customer focused and fit for purpose. FINANCIAL IMPLICATIONS 7.1 Revenue implications 7.1.1 One of the key objectives in implementing individual budgets is that this will be ‘cost neutral’. Officers are currently modelling the financial impact of individual budgets as part of the pilot process. 7.1.2 Officers have conducted an exercise to compare the global cost of home care services taken as cash IBs with the cost of current in-house and block contracted home care – see the table below. This shows that if half of service users converted to cash IBs as a way of obtaining home care, there would be a substantial saving (£623,000). However, more realistically it is anticipated that a large proportion of service users will decide to retain their existing home care services. If only 20% of service users convert to cash IBs, this will potentially yield a saving of £250,000. Any saving would be marginally reduced by additional IB transactional costs and potential loss of income from client contributions. Conversion rate to IBs Potential Annual Saving 50% £622,983 40% £498,386 30% £373,790 25% £311,491 20% £249,193 10% £124,597 7.1.3 In relation to day services, under a cash IB, a person could have up to a maximum of six hours support a day in lieu of a day service. However, typically a person may be awarded four hours, at a cost £48. Current day care costs vary from £28 to £104 per day If the cash IB is an alternative to a low cost service, it will be more costly to the Council. Conversely, it will be less costly if it replaces a high cost service. The broad impact is likely to be cost neutral. Officers do not know how many people will decide to switch to cash IBs, but it is likely that some people will choose to take at least part of the service as a cash IB. 7.1.4 It should be pointed out that it is not intended at this stage to limit people to the amount indicated by their Resource Allocation if they decided they would prefer the council to manage their care rather than take it as a cash IB. 7.1.5 The numbers going through the pilot process have not been sufficiently large to provide a reliable sample for the purposes of modelling the financial impact of individual budgets. Spending levels will be closely monitored as individual budgets are mainstreamed over the coming months and action will be taken if necessary to control spend. 7.1.6 If, as anticipated, there is a reduced demand for some services, such as centre-based day care and overnight respite care, this will impact on the unit cost of those services in the medium term, given that it takes time to decommission in-house and block contracted services. This could put pressure on budgets. We will be able to model the impact this will have when individual budgets are mainstreamed during early/mid 2010, but it is clear that there will be double running costs and some providers – particularly those offering day care - may have to adapt their services 7.2 7.1.7 A sum of £250,000 has been allocated from the Social Care Reform Grant in 2010/11 to cover these costs, but this may not be sufficient. For future years there will be more time to decommission services and change the way these are delivered. 7.1.8 The business processes in adult care management and associated back office functions are being significantly changed by the implementation of individual budgets. Early indications are that these will be leaner and more efficient and should generate efficiency savings. In May 2010, the staffing levels of the new functions will be decided, with a view to implementing new structures from September 2010. There is already a Budget Council saving of £105,000 from April 2010 to be achieved against these efficiencies. Modelling work on different options suggests that an additional saving of £45,000 per annum could be achieved (after allowing for the additional staff required in the new single point of access). Payment Cards 7.2.1 Officers know from service users who receive a direct payment that they find it difficult to keep accurate auditable records and often this puts them off managing their own service. A possible solution to this problem is the use of a payment card. This is a bank card that we can allocate to service users to pay their individual budget. The card is not a credit card and therefore the service user can only spend the money that we have allocated on to the card and cannot overdraw. Since the Council can maintain control over the payment card and access to the statement on-line, it can carry out audits without the service user having to keep receipts and can create ‘merchant blocks’ to prevent spending on unauthorised goods and services. Detailed procedural guidance is being produced in order to reduce any risk of misuse or fraud and covering situations such as appointing another person to use the card if the service user cannot do so themselves. 7.2.2 Officers have reached agreements to trial a payment card through RBS, which will enable an informed decision to be made whether to roll this out widely as part of the mainstreaming of individual budgets. If the piloting is successful over the next three months, it is intended to go to full procurement of a payment card solution. 7.3 How charges are paid 7.3.1 Currently people pay their charges under the Fairer Charging Policy either through a weekly payment or by Standing Order from their bank. If the Council continues to give people their Direct Payment gross, then we will be giving them cash in their Direct Payment account, part of which they then have to repay to us as a charge from their own bank account. The Department of Health recommends that the cash is provided net of the charge. Any shortfall between the cash amount and the cost of the service due to the charge having been deducted would be made up by the service user from their own resources. 7.3.2 7.4 8 This approach has been successfully piloted and is felt by service users to be more logical and easier to manage. From the Council’s viewpoint, it significantly reduces the cost of collecting these charges. It would not apply to people still having services arranged by the Council. Fairer Charging Policy 7.4.1 In July 2009 the Department of Health introduced new guidance for calculating an individual’s contribution to their individual budget. Councils are expected to implement this guidance at the latest by March 2010. The guidance has been issued to simplify the contribution calculation for the increasing numbers of people who receive individual budgets and direct payments. 7.4.2 More work is required before a recommendation can be made to Cabinet. It is suggested that officers consult with stakeholders and take a report to Scrutiny Panel and bring a report back to Cabinet in the New Year with practical examples of the impact on people using services and the Council’s budget. CONCLUSION 8.1 The implementation of individual budgets is undoubtedly one of the most fundamental changes that have taken place in recent years in the delivery of social care for adults. It requires many changes to the policy and procedural framework and also to systems such as ICT and finance. For the workforce there are changes planned to job roles and team structures, as well as the need to retrain staff to work in new ways. In addition, the services we currently provide will have to adapt or may no longer be fit for purpose if people decide to take their services in different ways. 8.2 Individual budgets are proving to be popular and are giving people greater choice and control. However, there are uncertainties over how well some people will cope and it has been necessary to build safeguarding into the process. In addition, it is difficult at this stage to quantify the financial implications. While these are intended to be cost neutral, there are some potential cost pressures in the short to medium term, against which contingency budget has been set aside in 2010/11. Ref: Cab008pas/CABINET Date: 26th November 2009 Jonathan Phillips Director, Adults, Health and Social Care FOR FURTHER INFORMATION ON THIS REPORT CONTACT: Phil Shire, Head of Wellbeing and Social Care, Adults, Health and Social Care Directorate, 1 Park Road, Halifax. HX1 2TU Tel: 01422 393809 DOCUMENTS USED IN THE PREPARATION OF THE REPORT: Our Health, Our Care, Our Say. White paper (2006) Putting People First. A shared vision and commitment to the transformation of Adult Social Care (2007)
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