The Government first announced plans for a shared ownership right to buy in October 2019. At the time the sector raised concerns about the impact the plans would have on housing associations ability to borrow. An election and a pandemic later the Government announced, during the CIH Housing Festival last week, the return of the right to shared ownership as part of its Affordable Homes Programme (AHP).
A new National Framework for Continuing Health Care (CHC) and other NHS funding for health and social care services came into effect on 1 October 2018.
Although the new framework does not solve all of the difficulties providers face when seeking to recover payment for the services they are providing to the NHS at a sustainable cost, there are some important changes that providers should be aware of and which can be used to influence the outcomes of the discussion for themselves and for their customers.
The changes arise from a restatement of the National Framework for NHS Continuing Healthcare and Funded Nursing Care (FNC) made in March 2018 and which, by 1 October 2018, Clinical Commissioning Groups (CCGs) and NHS Trusts should have implemented.
The fundamental changes effected by the revisions are based on making some of the key principles of the Care Act 2014 far more prominent when health bodies are looking at their obligations to arrange and fund health and care services. This change in emphasis is not so fundamental that it creates a new way of judging eligibility for CHC or FNC, but the new framework does spell out areas where health bodies will not be able to ignore some important principles arising from the Care Act, such as:
- putting the individual at the heart of the process;
- not discriminating where services are provided in a person’s own home rather than in a residential care setting; and
- directing assessments and reassessments towards the outcomes to be achieved for individuals rather than a process to question their continuing eligibility for services.
There are some detailed amendments covering such things as “top-ups” in the context of health-funded services, the identification of the split between services which are obliged to be funded free by the NHS and those which are not, particularly in the context of health services provided in residential care and other settings. There is also some improvement in identifying who is the responsible commissioner, particularly in circumstances where there are joint packages of care between local authorities and CCGs.
This note is primarily aimed at providers who are often left powerless to deal with NHS bodies funding services (or failing to do so) and acting in ways which are both high-handed and irresponsible; with regards to setting fees or planning / removing individuals from services. The following specific scenarios are covered:
- when care needs increase but funding for additional care services does not;
- the local authority and the CCG refuse to agree how funding is to be split and one or both fail to fund their obligations;
- private payers wishing to purchase additional or higher-quality services; and
- the obligations of NHS bodies to pay proper rates for the services commissioned.
A document discussing the changes in detail brought about by the new framework can be found here.
For more information
Two final pieces of the possession jigsaw have been published on 15 September 2020. Mr Justice Knowles’ working group on possession proceedings has issued its guidance on the “overall arrangements” for possession proceedings.
One change proposed by the Building Safety Bill is the introduction of a duty holder regime, which will see statutory responsibility for the safety of higher risk buildings placed on key individuals
Throughout this pandemic, the Competition and Markets Authority (CMA) has been publishing various “Statements on Coronavirus” (Statements) which provide guidance on consumer rights during this time.
A recent increase in COVID-19 cases in the UK means new measures are being put in place in an effort to reduce the risk of a second wave. Whilst the impact of COVID-19 continues to be felt, it is important to remain focused on the sector’s road to recovery.
Sometimes half an hour at a conference gives you the reality that has been staring you in the face all along. That was my experience watching “Change is on the Horizon”
Following our recent e-briefing on Possession Notices, Helen Tucker and Emilie Pownall from our housing litigation team discuss the impact of the changes on social landlords.
Not only has the possession stay been extended until 20 September, the notice periods to be given to tenants has been extended in certain circumstances with some important exceptions.
The Court has confirmed that a party cannot withhold its consent in order to re-write the original bargain.
Following the Grenfell Tower tragedy, building safety continues to be a key concern for social housing providers and their residents.
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