1.3 Explain how legislation, policy or guidance underpin self-directed support

This guide will help you answer 1.3 Explain how legislation, policy or guidance underpin self-directed support.

Self-directed support (SDS) is an approach that empowers individuals to have control over their own care and support arrangements. It allows people to make choices about the care services they receive, ensuring that these fit their personal needs and preferences. In the UK, legislation, policy, and guidance provide a robust framework to support this model. Let’s look closely at how these elements come together to underpin self-directed support.

Legislation

Care Act 2014

The Care Act 2014 is pivotal in England and sets out the legal framework for adult social care. It emphasises the promotion of individual wellbeing, which includes aspects such as personal dignity, protection from abuse, physical and mental health, and emotional wellbeing.

• Principles of Wellbeing: The Act underscores that people’s views, wishes, feelings, and beliefs should be central. This aligns perfectly with the ethos of SDS, encouraging individuals to direct their care.
• Personal Budgets: The Act mandates that individuals must have a personal budget, which forms a core part of their care and support plan. This funding allocation allows people to make informed decisions regarding their care.

Social Services and Well-being (Wales) Act 2014

This legislation also highlights the need for people to have a say in their care, supporting the principles of SDS.

• Rights for Individuals: It ensures that individuals are aware of their rights and have a voice in how their care is designed and delivered.
• Co-production: This means involving individuals in the planning and decision-making process, ensuring care services are tailored to their needs.

Mental Capacity Act 2005

This Act is essential for individuals who may lack the capacity to make decisions about their care. It provides guidelines to ensure decisions are in the person’s best interest when they cannot decide for themselves.

• Empowerment: The Act supports people to make decisions as much as possible, preserving autonomy.
• Best Interests: Care providers must consider the least restrictive options, aligning with the self-directed ethos.

Policy

Personalisation Agenda

Introduced in the UK over a decade ago, the personalisation agenda reshapes how care services are delivered. It aims to tailor services around the individual rather than fitting them into existing service structures.

• Choice and Control: Individuals have increased choice and control over the services they receive.
• Outcome-Focused: Care services should focus on the outcomes that individuals want to achieve, rather than the processes.

Local Authority Policies

Different local authorities have specific policies that promote SDS. They ensure that there is a consistent approach to how self-directed support is provided locally.

• Direct Payments: Local authorities offer direct payments, allowing individuals to purchase their own care services. This flexibility is a cornerstone of SDS.
• Assessment and Eligibility: Policies ensure fair assessment and eligibility processes, supporting individuals to access self-directed support efficiently.

Guidance

Think Local Act Personal (TLAP)

TLAP is a partnership of more than 50 organisations committed to transforming health and care through personalisation and community-based support.

• Universal Principles: TLAP provides guidelines and best practices for personalisation, ensuring individuals are at the centre of their care.
• Self-Directed Support Guidance: Offers practical advice on how to develop and implement SDS, ensuring that care plans reflect personal preferences.

NICE Guidelines

The National Institute for Health and Care Excellence (NICE) provides evidence-based guidance on health and social care.

• Standards for Care: NICE offers quality standards that ensure services are delivering person-centred care, a fundamental aspect of SDS.
• Respecting Individuality: Emphasises respecting the individual’s identity, preferences, and aspirations.

The Roles of Care Workers

As a care worker, you play an essential role in realising the principles of self-directed support. Here’s how legislation, policy, and guidance shape your responsibilities:

• Enabling Choice: Engage actively with individuals to understand their preferences and support them in making informed decisions about their care.
• Advocating for Rights: Ensure individuals understand their rights under current legislation and are aware of the options available to them.
• Supporting Independence: Promote independence by facilitating access to direct payments or personal budgets, aligning with local policy requirements.
• Adhering to Guidelines: Follow national guidelines to ensure high-quality, person-centred support, respecting individual choices and promoting wellbeing.

Challenges and Solutions

Understanding Legislation

Legislation can be complex, and understanding its implications for practice is a challenge.

• Training and Development: Seek regular training to stay informed about legislative updates and how they impact SDS.
• Collaboration with Colleagues: Share knowledge and practical experiences with peers to strengthen understanding.

Balancing Choice and Risk

Encouraging individual choice while managing risks can be difficult.

• Risk Assessments: Conduct thorough risk assessments to identify potential issues without restricting freedom.
• Empowerment Tools: Use tools and exercises to empower individuals in decision-making processes while considering safety.

Access to Resources

Ensuring access to sufficient resources to enable self-directed support can be an issue.

• Local Authority Support: Work closely with local authorities to access funding and resources for individuals.
• Community Links: Build strong connections with community services to provide diverse options for care.

Future Directions

The underpinning of SDS by legislation, policy, and guidance is continually evolving. Here are potential directions to be aware of:

• Integration of Services: Look out for policies promoting the integration of health and social care services to streamline support.
• Increased Digital Support: Digital solutions may offer innovative ways to enhance SDS, providing more control to individuals.
• Focus on Outcomes: There is a growing emphasis on achieving positive outcomes tailored to individuals’ unique goals and aspirations.

Final Thoughts

Legislation, policy, and guidance form the bedrock of self-directed support, ensuring individuals have control and choice in their care. As a care worker, understanding these elements is essential to support and facilitate SDS effectively. By engaging with these frameworks, you contribute significantly to promoting autonomy, dignity, and wellbeing in the individuals you work with. Remember, the core of self-directed support is about respecting and empowering people, allowing them to lead fulfilling lives according to their personal choices. Stay informed, proactive, and compassionate in your approach to delivering care.