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Recent Legislation
1. Carers (Recognition and Services) Act 1995
As a result of this legislation, people who either provide or intend to provide substantial amounts of care to someone on a regular basis have the right to participate in care planning for that person. They also have the right to have their own needs assessed separately.
2. The Disability Discrimination Act 1995
The Act makes it unlawful for people who provide goods, facilities or services to the public to discriminate against disabled people. Service providers must treat disabled people the same way they would other people. A service provider may have to make alterations to the way its service is provided.
3. Children (Scotland) Act 1995
Under the Act, children have the right to protection from ill treatment and harm, participation in decisions affecting them, and provision of services to meet their needs. The Act introduced the concept of parental responsibilities. Local authority duties towards children they look after are extended and the focus of their work is towards children in need, which includes children with, or affected by, a disability. Local authorities are required to produce Children's Services Plan that should include housing issues.
Relevant Existing Guidance
Housing and Community Care
1. Community Care - the Housing Dimension (Env 27/1994; SW7/1994; NHS MEL (1994) 79)
This sets out the relationship of housing to community care and stresses the need for an inter-agency approach. It covers outputs in relation to planning, assessment and housing management and includes some discussion of how these outputs should be achieved.
2. Community Care Accommodation: - Public Awareness and Local Discussion (SW8/1994; NHS MEL (1994) 86; Env 28/1994)
This circular offers advice on the type and location of housing for those with community care needs, emphasising that the aim should be to ensure that the housing is similar in character and appearance to other properties in the same area. It also gives practical guidance on ways of keeping the community informed about supported accommodation.
3. Community Care - Registration of Residential and other Establishments for Adults and Children (SWSG11/1998)
This circular provides guidance on the registration of private and voluntary residential care establishments. It also covers the regulation of supported accommodation by local authority social work departments.
Community Care Planning
1. Community Care: - Joint Planning and Support Finance (SWSG5/85)
This circular reaffirms the Secretary of State's objective of promoting closer collaboration between health boards, local authorities, voluntary agencies and other organisations. It also extends the scope of the support finance scheme to include payments in respect of housing and education as well as social work. The circular devolves responsibility for the operation of the support finance scheme to health boards and increases the proportion of capital and revenue costs of projects, including housing projects, which may be met.
2. Community Care Scotland: - Community Care Planning (SW1/1991; SHHD/DGH (1991)1)
This is where the requirements of community care planning are first described. It includes principles, scope of plans, the role of planning agreements and includes an annex on the content. It has a section on housing referring to the role of housing authorities in taking a strategic overview of housing needs and resources and enabling the development of a range of housing in the area. The parts of the circular covering the content of community plans is superseded by Community Care Planning (SWSG14/94)
3. Community Care Plans: - directions on Consultation (SWSG4/93)
This circular to requires local authorities to: -
(a) state in their plans the arrangements for consulting those parties with a statutory right to be consulted;
(b) consult representative organisations of independent sector providers.
Requirements include voluntary housing agencies and other bodies providing housing or community care services.
4. Community Care Planning (SWSG14/94)
The aim of this circular is to shift the balance of community care plans from a description of processes to management tools focusing on intended action, including expecting outputs and outcomes. The circular incorporates an annex on the revised content of community care plans.
5. Community Care Planning: - Joint Planning Structures (SWSG 21/95)
This supplements the existing range of other circulars on community care planning and is specifically focused on the development of joint planning arrangements in the context of local government reorganisation. It re-emphasises that the key players in the planning process are social work, health boards and housing (including Scottish Homes).
Assessment and Care Management
1. Community Care in Scotland: - Assessment and Care Management (SW11/1991)
This circular provides guidance on community care assessments and stresses the importance of a needs led approach, user and carer participation and processes for review. It notes the requirement to involve other organisations, such as housing associations, where such needs exist.
2. Guidance on Respite Care (SWSG9 10/96)
This circular encourages the development of respite care that is seen as an integral and central part of community care services. It notes the role of housing bodies who may be involved in referring people for respite services and who may also provide respite care accommodation in supported or other accommodation.
3. Carers (Recognition and Services) Act 1995: - Policy and Practice Guidance (SWSG 11/96)
This circular incorporates policy guidance on what local authorities should be doing to implement the Act and practice guidance giving advice on how the Act might be implemented.
4. Community Care Needs of Frail Older People: - Integrating Professional Assessments (SWSG 10/1998)
This guidance focuses on improving the way the various professional contributions to the assessment of frail older people for community care services, especially nursing care, are made. It builds on the 1991 circular. It encourages the development of devolved budgets and arrangements to ensure that people get access to the full range of resources. It considers
assessment in a range of different circumstances including discharge from acute sector hospitals and identifies successful strategies.
Performance Management
1. Monitoring/Evaluation of Community Care Policy (SWSG 16/93)
This circular describes The Scottish Office plans to monitor the implementation of the community care reforms. In terms of housing, the circular refers to the requirement for Housing Plans to include quantified annual targets over the period of the plan, including for community care. The NHS Management Executive will undertake other monitoring of the health side.
Related Health Guidance
1. NHS Responsibility for Continuing Health Care (NHS MEL (1996) 22)
This circular refines the guidance on the NHS responsibilities (and by implication, local authorities) in the organisation of continuing health care and incorporates revised eligibility criteria for continuing inpatient health care. It emphasises that no individual discharges should take place until such time as appropriate provisions, including accommodation, is available. The circular also introduces a 2 stage procedure for patients to appeal against continuing health care recommendations.
2. Local Care Partnerships Schemes (NHS MEL (1997) 57)
This circular invites bids for first year funding in support of local care partnerships pilot initiatives which would assist Health Boards to work in partnership with others, including housing bodies, to the effective and efficient integration of health, housing and social care services. In every case, bids are to be forwarded through the Health Board.
3. Mental Health Development Fund (NHS MEL (1997)62)
This circular invites bids to encourage the development of local community-focused comprehensive services for those with mental health problems. The fund provides first year pump-priming funding to help health boards and care partners develop new ways of joint working with GPs, NHS Trusts, local authorities and other statutory and voluntary agencies in this initial phase of direct service provision. There is a need to demonstrate a clear link with a published, locally agreed mental health strategy that in turn should incorporate the principles of the Framework for Mental Health Services in Scotland. In every case, bids are to be forwarded through the Health Board.
4. Framework for Mental Health Services in Scotland (NHS MEL (1997) 62 SWSG 30/97; SODD 30/97)
This includes the framework itself that sets out the essential features of a local mental health strategy and the elements of a local, comprehensive service. The circular also refers to a package of other initiatives to support implementation of the Framework.
Other Relevant Housing Guidance
1. Provision of Aids, Equipment and House Adaptations for Disabled People Living at Home (SDD 40/1985)
This circular sets out the responsibilities of health, social work and housing bodies for providing aids and equipment, and carrying out adaptations to housing.
2. Housing Plans Annual Policy Statement and Housing Capital Programme (Env 9/1994)
This circular identifies community care as one of the four national priorities for housing investment.
3. Housing Management Plans (Env 23/1994)
This provides guidance as to how Housing Management Plans might be prepared. It encourages local authorities to take account of arrangements for involvement in assessment, planning and delivery of community care.
4. Initiative on Rough Sleeping: - Guidance for Schemes (SODD 11/97)
This provides guidelines to local authorities in developing schemes, in partnership with appropriate authorities and voluntary bodies, for addressing the needs of rough sleepers. The guidance notes that some roofless people may have special problems.
5. Home Energy Conservation Act 1995 (SODD 40/1996)
This circular expands on this Act which makes all local authorities in Scotland energy conservation authorities. It requires them to prepare reports setting out measures that will lead to a significant improvement in energy efficiency in all sectors of the housing stock. Authorities are encouraged to consider the relevance of energy conservation as an element of community care, to ensure that relevant information reaches them and assistance is available
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