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What now for deprivations of liberty?

What will the effect of the postponement of the Liberty Protections Safeguards be on local authorities? Local Government Lawyer asked 50 adult social care lawyers for their views on the potential consequences.

LGA urges Government to ditch plans for single-word ratings of adult social services

The Local Government Association has this month called on the Government to scrap plans to introduce a single-word rating system for adult social care services, citing “concerns about the ability of councils to meet all of the legal duties they will be judged against, following years of underfunding”.

Under the Government’s proposed scheme, the Care Quality Commission will from the Autumn begin a new assessment regime which will see councils handed an overall rating of either ‘inadequate’, ‘requires improvement’, ‘good’ or ‘outstanding’ as part of a new system of adult social care assurance. 

The LGA said councils feel it is “unhelpful and unproductive to give single word ratings to such a complex service which is struggling with the consequences of years of underfunding”. 

A recent Association of Directors of Adult Social Services (ADASS) survey found three quarters of directors of adult social care were not confident they could meet their legal duties under the Care Act.

The LGA called for the adoption of narrative reports – instead of single-word ratings alone – on the basis that these would provide "a more useful and balanced picture" of the quality of services.

The Association has meanwhile questioned the adequacy of earmarked funding for wider reform of care and support.

It said: “Councils continue to work hard to protect vital adult social care services and meet their statutory duties having diverted billions of pounds away from other council services in recent years to try and keep them afloat.

“However, this has not been enough to avoid cuts to services with the ADASS survey also showing social care directors are having to find savings of £806m this year, up from £597m in 2022/23, to balance the books.”

Cllr David Fothergill, Chairman of the LGA’s Community Wellbeing Board said: “It is clear that most councils are struggling to meet all of their legal duties under the Care Act. Given that, it seems absurd to push ahead with single word ratings for adult social care departments, which would oversimplify what are very complex services to deliver. As it stands, councils are being set up to fail. 

“The Government must ensure that the assurance process is, and remains, productive and supportive for councils. Sufficient time must be given to learn the lessons from the pilot sites. Councils want to give full transparency to their residents on how their adult social care services are is performing, but a single word ratings does not do justice to the complex and parlous state that adult social care is in.

”Working with people who draw on care and support, councils and care providers, the Government also needs to urgently develop and implement a fully costed, long-term, sustainable plan to fund social care.”