Electing for confusion

At the time of writing, we are in the final days leading up to the general election. While I have heard plenty of sound bites centring on a strong economy, the future of the NHS and countless promises written in stone, I was surprised by how little I had heard regarding the care of the elderly, and particularly the funding of care.

Turning to the election manifestos of the biggest political parties, I found a reference to the Care Act 2014 reforms in only one, and then only by mention of the proposed cap on the cost of care (which has not yet been implemented).

Uncertain territory

Paying for residential care may not have been on the front page of any manifesto, but it has become a source of confusion and concern for many people who come into contact with it. In England, the Care Act is partly implemented, with whole sections still awaiting consultation and regulation, while the charging for residential accommodation guidelines has made way for the care and support statutory guidance.

The situation is made even more confusing for the average service user, when considering that the Care Act does not apply to Wales, which still currently operates under the charging for residential accommodation guidelines. This will change further as a result of the Social Services and Well-being (Wales) Act 2014, due to be implemented in 2016.

With such a vast array of past and present legislation, landmark reforms being introduced at an increasing speed and further consultation and implementation on the horizon, it is perhaps no small surprise that I see more and more people desperate
for advice.

The Care and Support Statutory Guidance states (3.1) that 'information and advice is fundamental to enabling people, carers and families to take control of, and make well-informed choices about, their care and support and how they fund it'. However what I see is the other end of the spectrum; families who have been acting as carers and who are presented with information and advice, which provides too many options and unknown consequences.

The question of whether mum or dad should move to a care home becomes a myriad of options; whether they should receive care at home or in a residential setting; how are they going to pay for the care if they move out of home, will the home be taken in to consideration in a financial assessment and if so, should they sell the home, take up a deferred payment agreement or rent the property out to generate an income?

Seeking information and guidance in the current legislative framework can prove tricky for even the most able of researchers, and sifting through the information and advice could prove to be overwhelming for even the most seasoned professional. For an exhausted carer in need of a break, the decisions to be taken can become herculean tasks.

Information overload is all too common for carers arranging the next step in their family member's care. Helping to sort through the relevant information and providing an overview of the social care process can provide a guiding light for decision makers, making an otherwise formidable task manageable.

Legislative changes are often a source of concern and confusion during the implementation stage. While many of these issues are likely to fall away once the changes across both England and Wales are implemented in full, this time of turbulence will persist for a while to come.

The divergence of the law between England and Wales will likely give rise to further issues for those individuals seeking information. In the meantime, much of the law in both countries is still out for consultation and regulation, and changes in Westminster may yet impact further on these new laws. In this area of law, more than any other, nothing in written in stone.

Leah Steele is a solicitor at Hugh James

She writes the regular vulnerable clients comment in Private Client Adviser