Consultation Response form

Name: Carys Phillips PPEG Chair / Allison Hulmes National Director

Organisation (if applicable): BASW Cymru  -Social Work Law in Wales - Policy Practice and Education Group
  
Telephone: 07769975473
  
e-mail: Allison.Hulmes@basw.co.uk 

Address:   BASW Cymru
Ground Floor 
8 Coopers Yard
Curran Road
Cardiff CF10 5NB

If you want to receive a receipt of your response, please provide an email address.

Email address 
Allison.Hulmes@basw.co.uk   and / or carysph@hotmail.co.uk  

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Consultation questions

Q1.
    In addition to revising the Framework we are placing a strong emphasis on its effective implementation.

Are there particular areas you would wish to see addressed in materials developed to support implementation?

    
YES        

 

The Social Work Law in Wales PPEG, BASW and BASW Cymru works towards legal literacy in order to ensure safe and legally sound policy implementation across Wales and the other Nations of the UK. This Framework is markedly different from the Framework in England – with a comparable legal framework. 
Therefore, any implementation needs to reflect the legal threshold (in Statute) in Wales and a considerable amount of education and training provided to health professionals whom in practice (see ombudsman cases for CHC complaints, National Inspections CIW /HIW for Learning disability Services and evidence from Wales Institute for Health and Social Care Research – Scoping Report into CHC), consistently do not apply / understand the NHS (Wales) Act 2006 and the interface with Social Services and Well-being (Wales)Act 2014 and (when applicable) the Care Act 2014.  It does not respond to the expectations under Article 19 of the UNCRPD and is open to significant challenge. 

 

 

Q2.
    The Framework as it stands is a technical document aimed at specialist professionals who oversee assessment and care provision. We would welcome your thoughts on the potential publication of a simplified Framework aimed at both practitioners and service users. Comments on its appropriateness, including suggested format, content and style are welcome

 

As it stands the document is not robust, legally literate nor reflective of the obligations/ duties to provide CHC funding for those who require a care package – a complete revision of the document as well as a simplified /easy-read version would be very welcome.

 

 

Q3.
    Does the proposed Framework provide sufficient assurance about the responsibility, ownership and governance of CHC by Welsh Government, LHB’s and their partners? 

            NO

 

The Framework fails to offer suitable / detailed guidance / quality assurance that would reflect closer partnership working – reflecting both public bodies’ duties and obligations. The dispute process continues to place all the power, decision making and control with the NHS/ LHBs – this needs to be rectified to prevent detriment to Wales’ population.

 

 

Q4.
    What approaches could be put in place nationally, regionally and locally to further develop partnership working between local health boards, local authorities and other partners in relation to CHC?

 

As above – however the failings of the current Framework (2014)– that it was meant to address – including the WAO findings have not been rectified – this needs candour, openness and a change of culture in the CHC processes in Wales. 

Q5.
    It was felt that some aspects of the Framework lacked clarity. Have we identified and addressed the right areas in the Framework and improved clarity?

            NO

 

This does not seem to be evidence in the document at all. There has been no clarity for Independent User Trusts/ arrangements for continuity for those with Direct Payments whom become eligible for CHC.
There was consideration of the specific needs of the learning disabled population – this has disappeared.
There is no information in relation to the inequality / differences for across the border / boundaries / hospital discharge or how this will be supported  

 

 

Q6.
    The proposed key areas of the Framework are: The following aspects have been considerably revised:
•    Assessment process
•    Consideration of eligibility 
•    Use of toolkits, notably the Checklist and Decision Support Tool
Do you agree these areas, as they are proposed are fit for purpose?

            NO

 

As above responses to Q1,2,3,4,5  – there is much less clarity that has been achieved, given the concerns evidenced through practice.

 

 

 

Q7.
    Do you think that individuals and their families are involved enough in the updated assessment process?

            NO

 

 

Ombudsman cases for CHC complaints, National Inspections CIW /HIW for Learning disability Services and evidence from Wales Institute for Health and Social Care Research – Scoping Report into CHC - evidence a lack of engagement.

The absence of Independent User Trusts/ Direct Payments in Wales continues to marginalise those with complex health conditions in Wales.

 

Q8.
    In your view, does the proposed Framework link well with other health and social services policy and guidance? 
            NO

 

As Above, the tone of the framework is mechanistic and fails to respond to the development of co-production and user-led responses

 

Q9.
    Is the proposed two-stage process for retrospective reviews appropriate and sufficiently comprehensive? 
    YES    PARTLY    NO

 

The Framework fails to offer suitable / detailed guidance and quality assurance would reflect closer partnership working – reflecting both public bodies’ duties and obligations. Again, the retrospective  process continues to place all the power, decision making and control with the NHS/ LHBs when the LA are con-joined and continue to have some responsibility 

Q10.

 

    We would like to know your views on the effects that the new Framework would have on the Welsh language, specifically opportunities for people to use Welsh and on treating the Welsh language no less favourably than English.
What effects do you think there would be? How could positive effects be increased, or negative effects be mitigated?  

There appears to be no detriment to either language / equal detriment in accessing CHC funding through any language. 

 

 

Q11.
    We have asked a number of specific questions. If you have any related issues which we have not specifically addressed, please use this space to report them 

 

 

This guidance attempts to address longstanding concerns about how CHC funding is provided and despite significant recognised failings by the NHS in Wales - the  tension that exists between social care and the NHS will be perpetuated without significant overhaul. 

The guidance provided an opportunity for Welsh Government to start addressing some of the paucity of practice and promote greater clarity, cooperation and collaboration between the two agencies. As currently drafted, the Guidance represents a missed opportunity and may result in significantly poorer outcomes for Wales’ most vulnerable population.

BASW Cymru PPEG will be willing to collaborate further.