Purpose
1.1
The purpose of this Policy is to clarify the process which Brighton & Hove City Council (the “Council”) will follow when considering the accommodation and care and support needs of residents within the community. This includes when the Council is responsible for funding care and accommodation in residential or nursing home care and complies with the Care Act 2014.
Also included within scope of this policy are people living in their own homes and people who were previously self-funding their own care arrangements.
1.2
In summary, an assessment under the auspices of the Care Act 2014 will determine whether a person has eligible care and support needs.
The assessment will include whether a person is eligible for care and support needs to be funded by the Council. The Council will listen and take account of the service user's preferences as to how those needs are met. In doing so the Council also has a duty to consider the public purse and weigh up the alternative options considering choice and cost.
1.3
The Council must promote wellbeing when carrying out any of its care and support functions in respect of a person. The wellbeing principle applies in all cases where the Council is carrying out a care and support function, or making a decision, in relation to a person.
1.4
The Intention of the Council is to offer choice of one or more providers through commissioning processes. Where available options are limited we will work with the service user and/or representative to ensure that care and support needs are met in accordance with Council responsibilities.
1.5
This Choice Policy is not intended for use in Extra Care Placements. Service Users will have a choice as to whether they enter Extra Care (if it is available to them). However once in placement service users needs are met through an on-site team; there is no availability to choose an alternative provider for this element of care.
Approach
1.6
The Council’s aim for Adult Social Care service users is that everyone should have access to services that best meet their assessed needs.
1.7
The Council believe in enabling people to live a life, not just experience a service. We do this by adopting a strength and assets-based approach which focuses on what people can do, not what they can’t do, and by building on their service user strengths, networks and utilising community assets.
1.8
Wherever possible we will provide support for service users to be around established support networks and familiar environments, whether that be in their own home or other accommodation.
1.9
The Council has a duty to advise people to obtain information about possible options and take independent financial advice before they are at the point of considering a move into accommodation and before any detailed work on assessment of their care and support needs takes place. The Council is committed to ensuring all residents and potential service users have information on available options to them when accessing Adult Social Care services in the city. You can find more information on our Adult Social Care hub.
1.10
This policy applies to all service users including new requests to access care funding from the Council for the first time, those with existing care and those who have previously funded their own care but are now requiring support from the Council.
1.11
The Council will undertake an assessment of an adult’s needs for care and support in accordance with the Care Act 2014.
When the Council arranges care and support to meet a service user's needs, they will assess the service user's financial resources to ascertain whether the Council will charge the service user for providing the care and support.
This financial assessment will be undertaken in accordance with the Care Act 2014 including occasions when a representative arranges care on behalf of the service user with limited Council involvement.
1.12
The thresholds which will be referred to when undertaking the financial assessment at clause 1.11 above can be found at Charging policy for care services.
The Council recommends that even if a service user is a self-funder with significant financial resources, they are advised to seek Independent financial advice as to options to best manage their financial resources in relation to their care and support needs now and in the future.
It is important that service users are clearly informed in writing that, in circumstances where their funds fall below the statutory threshold and they become eligible for their care to be funded, they may not be eligible for the funding to continue in their current setting or at their current cost or level.
1.13
The Council understands the importance of choice in the care and support planning process. The cost of each service users care will be calculated and available options will be considered in partnership with the service user and/or their representative, ensuring eligible care needs are met in the most cost effective way.
The Council will adhere to Annex A of the Care and support statutory guidance when considering accommodation for service users.
1.14
The Council aims to meet everyone’s service user needs for care and support within the city. However, with regard to care home placements, there are scenarios where options for out of area placements will be considered.
The Care Act 2014 requires the Council to comply with the Care and Support and After-care (Choice of Accommodation) Regulations 2014