Section 5 of the Care Act 2014 actions - Find a freedom of information request

With regard to Section 5 of the Care Act 2014, please provide information that you hold regarding:

a) action taken by the council to date

b) action currently being taken

c) action planned for the next five years, to fulfil its obligations under that legislation. Please also provide information regarding:

* The arrangements in place for management and oversight of those actions by council officers and elected members; and

* The results of action to date.

a) Local authorities must have regard to this duty when meeting the needs of adults for care and support, and the needs of carers for support.

Local authorities also have a duty to make available information about the providers of services for meeting care and support needs and the types of services they provide. This information should be accessible to people in a variety of ways, including online and in person.

We are a local authority, offering our residents and communities the services they need, operating in a political environment with statutory obligations that we must fulfil, including supporting and safeguarding our most vulnerable residents. Our Corporate Plan demonstrates our ambition for Lincolnshire, the outcomes we aspire to achieve and our One Council approach – working consistently as one team for Lincolnshire.

The breadth of the service carried out by the County Council is significant and the action taken to date, being taken and planned is bespoke to each of the services delivered.

b) The response gives broad detail on actions which are carried out in ensuring the Council is compliant with Section 5 of the Care Act 2014 In Adult Care and Community Wellbeing much of our core business is completed in partnership with others including joint commissioning arrangements with NHS organisations. As a result, LCC has an overarching Commissioning Framework that provides a foundation for common approaches and best practice. While the specifics of each directorate's commissioning activities may vary, the framework ensures consistency and coherence in approach across the organisation. By embracing this framework, we aim to leverage shared expertise and promote effective collaboration, while still allowing for flexibility in addressing the unique needs and priorities of each directorate area.

To better understand the strategies and policy of the Council please see https://www.lincolnshire.gov.uk/directory/34/policies-strategies-and-plans/category/27 and LCC’s Corporate Plan: https://www.lincolnshire.gov.uk/corporate-plan/corporate-plan-1/4. These outline several elements which are applicable to our response to requirements of Section 5 of the Care Act 2014 including; ACCW Local Account, Commercial Team – People Services Annual Review: https://lincolnshire.moderngov.co.uk/documents/s28591/Appendix%20A%20-%20Commercial%20Team%20Annual%20Report.pdf and the Market Position Statement: https://www.lincolnshire.gov.uk/downloads/file/5716/adult-social-care-market-position-statement-2020-2023

The Market Position Statement purpose is to outline what services are currently being delivered in Lincolnshire and to signal to the care market further development opportunities for care and support services. The development of this document represents the start of a dialogue between the Council and providers of care and support for adults, to ensure we are offering the best services for local residents. This includes: market intelligence and information on current social care needs; our thoughts on how demand for services will change; and how these changes could be met in the future.

Lincolnshire’s commissioning cycle is the process by which the needs and demand of our residents and communities are analysed, plans are put in place, services are delivered, and all outcomes are monitored. Commissioning is an important part of what we do and shapes so many of our interactions with our residents and communities, detail on commissioning in social care is available at https://www.theaccessgroup.com/en-gb/blog/hsc-commissioning-cycle-social-care/.

This isn’t Lincolnshire specific but does outline the commissioning process which is followed. The commissioning process enables the Council to decide how to use the total resources available, including finances, physical assets, data, providers, workforce, community assets and our residents, to meet needs and improve outcomes in the most efficient, effective, and sustainable way which is cost effective and affordable, and which makes best use of the public funding. Commissioners must follow the Council's Constitution and Decision-Making Guidance.

c) The Council's Market Shaping activities aim to develop care and support services that meet the needs of people and communities. This includes ensuring safety, effectiveness, and high quality, promoting choice and continuity, and building resilience and capacity to meet current and future demands. The commissioning process follows the RACI model, encompassing activities across the commissioning cycle. Key activities include coordinated management of contracted providers, strategic commissioning programmes, engagement with the market through partnerships and forums, publication of Market Position Statements, and the implementation of category management approaches. The team is focused on further enhancing a category management approach, including activities such as periodic provider forums and training in public procurement to foster market development and ensure quality tender proposals.

Colleagues in our Commercial Team – People Services produced useful diagrams which succinctly outline activities which have been carried out, are currently in process and will guide the activities of the next five years. In understanding the requirements of residents:

People who receive a personal budget also have an option to receive this via a direct payment where they choose to have this and may employ personal assistants in addition to usin the payment to achieve their outcomes in creative ways.

These processes will evolve and mature in time however set the framework for reassurance of compliance with Section 5 of the Care Act 2014.

There is a wide range of information and advice available for adult social care in Lincolnshire. The best place to start is the Lincolnshire County Council website: https://www.lincolnshire.gov.uk/adult-social-care  which has a comprehensive section on adult social care. Connect to Support Lincolnshire (https://lincolnshire.connecttosupport.org/) includes information, advice and support services available to residents. In addition to the Lincolnshire County Council website, there are several other organizations that can provide information and advice on adult social care in Lincolnshire. These include:

· Healthwatch Lincolnshire

· Age UK Lincolnshire

· Carers First

· SHINE Lincolnshire

· Lincolnshire Voluntary Engagement Team

We provide information for example through strength’s-based assessments/conversations and highly knowledgeable staff who will support the person to explore options and make informed choices.

Lincolnshire County Council’s Constitution provides detail on how we operate and make decision. The purpose of the Constitution is to:

1. enable the Council to provide clear leadership to the community in partnership with members of the public, businesses and other organisations;

2. support the active involvement of members of the public in the process of local authority decision-making;

3. help Councillors represent their constituents more effectively;

4. enable decisions to be taken efficiently and effectively;

5. create a powerful and effective means of holding decision-makers to public account;

6. ensure that no one will review or scrutinise a decision in which they were directly involved;

7. ensure that those responsible for decision-making are clearly identifiable to local people and that they explain the reasons for decisions; and

8. provide a means of improving the delivery of services to the community.

A summary of the Constitution (https://lincolnshire.moderngov.co.uk/documents/s55354/CONSTITUTION%20-%2011.05.18%20-%20Part%201%20-%20Contents%20and%20Summary.pdf) which outlines these details is available. Part 5 of the Constitution (https://lincolnshire.moderngov.co.uk/documents/s55358/CONSTITUTION%20-%2011.12.19%20-%20Part%205%20-%20Codes%20and%20Protocols.pdf) may be of specific interest in relation to this query outlining how,” The County Council operates within codes of conduct and practice that are backed by law and are supervised by the Audit Committee of the County Council.” The Code applies to members and all employees of the Council. A breach of the Code by employees may lead to disciplinary action. This policy is available online, https://www.lincolnshire.gov.uk/employment-policies/disciplinary-policy-procedure/1 , additionally if an officers performance does not meet the required standard then the Capability Policy (https://www.lincolnshire.gov.uk/employment-policies/capability-policy-procedure/3#:%7E:text=Where%20the%20employee%27s%20performance%20does,advice%2C%20coaching%2C%20guidance%20and%20support) and procedure may apply.