Government's new legislation will provide greater financial protection for people in care

The Government’s new Care Bill will ensure people are treated more compassionately and will provide greater financial protection for those who require care either in their own homes or in a residential setting.

The Bill, which was published on Friday, sets out new rights for carers and introduces a cap on the costs that people will have to pay for care, as well as a universal deferred payment scheme so that they will not have to sell their home in their lifetime to pay for care.

It also deals with the Government’s official response to the Francis Inquiry, which was conducted by Robert Francis QC who investigated appalling neglect at Stafford Hospital between 2005 and 2009. The investigation identified a number of failings across the health and care system and the Care Bill will help ensure that they never happen again.

The Bill outlines Ofsted-style ratings for hospitals and care homes which will allow people to compare organisations and make informed decisions about where they receive care. It also makes it a criminal offence for health and care providers to publish or provide false or misleading information.

The new legislation establishes Health Education England and Health Research Authority as statutory non-departmental public bodies. This gives them the impartiality and stability they need to improve education and training for healthcare professionals.

Speaking after the Care Bill was published, care and support minister Norman Lamb said: “For the first time in a generation we are addressing the pressing need to support older people when they reach crisis point and need help most. People will finally be able to plan for their later years and not have to fear being saddled with catastrophic costs to pay for care.

“This, couple with the new national eligibility criteria, ability to transfer care if we move to a different part of the country and giving everyone who is eligible access to a personal budget, will greatly improve the outlook for later life.”

Mr Hunt said: “These changes go hand in hand with our epic changes to care legislation and that will mean, for the first time, older people will not have to fear losing their homes in their lifetime to pay care home fees and everyone with a care plan will be able to have a personal budget to choose how they are cared for.

“Importantly, if someone has to help to pay for care in the south but wants to move to the north to be closer to their family, they will be able to do so without fear of losing the funding.”

Commenting on the Care Bill, George McNamara, head of policy at the Alzheimer’s Society, said: “We all hope for a happy, healthy retirement but the reality for tens of thousands of people with dementia is very different. Too many people are being forced to struggle without the support they need – help with getting up in the morning, eating their meals and living with dignity. For the people who can’t get help at all the costs can be astronomical.

“[The] Bill has the potential to bring about important changes to prevent the highest costs, integrate care and give carers the recognition they deserve. However, we must ensure eligibility levels are not set so high as to deny thousands of deserving people vital support.

“Also, unless the huge financial hole in the social care system is addressed in the summer’s Spending Review, the system will never fully be fixed.”