Independent Advocacy in Cumbria for Adults Pre Market

Independent Advocacy in Cumbria for Adults Pre- Market Engagement Event 15 June 2015 Serving the people of Cumbria

Introduction • • • Background and Scope Service Information Procurement timetable New legislation Key Issues Opportunity to contribute to service development. Serving the people of Cumbria

Council Panel Available today • Peter Woodhouse- Senior Manager, Service Development. • Donna Story-Service Development Manager. • Colin Phipps- Service Development Manager (Advice and Information) • Paul Dobie- Commissioning Manager, Commissioning, Procurement & Contract Management Serving the people of Cumbria

What is Advocacy? • “Advocacy is taking action to help people say what they want, secure their rights, represent their interests, and obtain the services they need. Advocates and advocacy providers work in partnership with the people they support and take their side. Advocacy promotes social inclusion, equality and social justice. ” • Definition from the Advocacy Code of Practice 2014 Serving the people of Cumbria

Range of Statutory Advocacy Provision. • We have new statutory advocacy duties under the Care Act from April 2015 • We have statutory advocacy under the Mental Capacity Act for people who lack capacity (IMCA) • We have statutory advocacy under the Mental Health Act for people who are detained in hospitals or on a Community Treatment Order (IMHA) • We have statutory advocacy for NHS complaints. • We have Healthwatch-the health and social care champion. Serving the people of Cumbria

Current Advocacy Provision in Cumbria (Five Separate Contracts) Type of Advocacy/Service Statutory Y/N Relevant Legislation Provider Best Life Independent Advocacy (Generic)/Care Act Advocacy Non-statutory People First Best Life Independent Mental Capacity Advocacy (IMCA ) Statutory NHS & Local Authority Complaint Regulations 2009 Care Act 2014. Mental Capacity Act 2005 & Do. LS Independent Mental Health Act Advocacy (IMHA) Independent Advocacy Service (IAS) - NHS Complaints Statutory Mental Health Act 1983 Health and Social Care Act 2012. Carlisle & Eden MIND People First Health Watch Statutory Health and Social Care Act 2012 People First Statutory People First Serving the people of Cumbria

Advocacy Procurement Structure in Cumbria from 1/4/16 - 1/4/20 Procurement Arrangement Type Advocacy/Service of Statutory Y/N Lot 1 Care Act Advocacy NHS Complaints Healthwatch IMCA Lot 2. Independent Mental Health Statutory Act Advocacy (IMHA Statutory Serving the people of Cumbria

Procurement Timetable. • Key decision- future procurement-. June 2015. • Final formal Supplier Engagement Day – week 31 August – 2015. • Issue tender documents -14 September, 2015. • Deadline for receipt of clarifications-26 October 2015. • Deadline for receipt of tenders-2 November, 2015. • Evaluation of tenders- 3 November- 23 November, 2015. • Intention to award contract decision- 24 November , 2015. • Standstill period ends- 4 December , 2015 • Final award letters- 7 December, 2015. • Contract implementation- 7 December- 31 March 2016. • N. B. - All timings are indicative and subject to change Serving the people of Cumbria

IMCA Trend Information • Jan-Mar 2015: 74 referrals of which 64 were appropriate • 71% from Local Authority and 20% - NHS • 241% increase in Do. LS referrals since contract inception in 2012. Serving the people of Cumbria

IMHA Trend Information. • 438 new referrals 201415. • An “opt out service” in line with best practice-whilst protecting confidentiality. Serving the people of Cumbria

Healthwatch Functions Serving the people of Cumbria

NHS Complaints • Age criteria- people in Cumbria over 16 years. • Biggest source of referral is self referral. • Each referral may include multiple issues across different NHS services. Serving the people of Cumbria

Care Act Advocacy • The Care Act requires local authorities to involve people in assessments, care and support planning, and reviews. • In order to facilitate the involvement and engagement of people who would otherwise have difficulty, it introduces a new requirement to arrange independent advocacy for people: – who have substantial difficulty in being involved in these processes and, – where there is no appropriate individual (s) available to help facilitate this involvement. Serving the people of Cumbria

Implications of Care Act Advocacy: It is not universal – it is targeted It is not to do with mental capacity It is not to do with vulnerability It is not defined in relation to any condition (LD or dementia) The key issue is: substantial difficulty in being involved in care and support process. It is targeted at those who have no-one to help them to be involved in care and support process Serving the people of Cumbria

Relevant Care Act Processes • • • a needs assessment a carer’s assessment the preparation of a care or care & support plan • a review of care and support plan or support plan • a child’s needs assessment (in transition) • a child’s carer’s assessment • a young carer’s assessment • adults who are subject to a safeguarding enquiry or safeguarding adults review (SAR) • appeals against decisions (? ) Serving the people of Cumbria

Judging Substantial Difficulty Serving the people of Cumbria

The Link with Information and Advice • Care Act advocacy entitlement starts at first point of contact with the local authority- or even before for those people who need advocacy to access information and advice. • How do contact centre staff identify if someone has substantial difficulty in engaging? Serving the people of Cumbria

Good Commissioning Principles (TLAP). • Person-centred, outcome focused. • Inclusive- co-produced with people and their communities, positive engagement with providers, promotes equality. • Well-led. • Promotes a diverse and sustainable market Serving the people of Cumbria

Questions and Answers Serving the people of Cumbria

Discussion Groups • Group 1 - Focus mainly on Care Act/IMCA/IMHA. • Group 2 - Focus mainly on Healthwatch/NHS Complaints. • What strengths and weaknesses do you see in our proposed approach? • What do you envisage as the impact of the Care Act in relation to advocacy for your organisation/area of work? • How do we put good commissioning principles into action, i. e. opportunities for co-production etc. ? Serving the people of Cumbria

Thanks for listening • A website is coming soon where you will find the information from today http: //cumbria. gov. uk/scprocurement/defaul t. asp • Main contact- Donna Storydonna. story@cumbria. gov. uk. Serving the people of Cumbria