The Local Government Association (LGA) has published a report analysing the extent to which the Care Act 2014 (the Act) has achieved its ambitions and how its shortcomings could be addressed. 

Overall, the LGA concludes that the Act has significantly improved the legislative framework for care and support. The Act has created helpful and meaningful change in governance structures and safeguarding processes and introduced key commitments to choice and control. However, the LGA also recognises that underinvestment, a lack of inspiration and a lack of public understanding means that the full potential of the Act's intent remains unrealised. 

With contributions from commissioners, providers and the people who draw on care and support, the report highlights the well-known challenges arising from:

• under-funding;
• workforce recruitment and retention challenges;
• increased demand and complexity of demand; and
• an inability to invest in prevention.

The LGA also calls attention to the many reasons why investment in adult social care should be seen as an investment in the very fabric of our society and a key enabler of our future national prosperity. With a workforce of 1.52 million people, adult social care is a bigger employer than the NHS (1.43 million people). Proper funding can potentially contribute significantly to gender equality as the majority of the paid workforce and unpaid carers are women, whilst local jobs with shorter commits can also contribute to the green agenda. Prevention and early intervention would not only release pressure on the NHS and other public-funded services such as libraries, leisure facilities and green spaces, but would help to keep people independent in the homes and communities they know and love.

The LGA's report is a call to action for all political parties and concludes with a list of recommendations, including a proposal to review the funding model for NHS Continuing Healthcare and also for the legislative framework to be updated to resolve funding disputes between health and social care: an issue that may worsen with increased demand and more complex care needs.

The report also includes an appeal to the general public - to talk in far more positive terms about the care workforce and the value of great social care for us all, shifting people’s imagination about what social care can and should be. Voters have an opportunity to put pressure on political candidates, demanding that they put the national interest first and work on a cross-party basis to secure the future of care and support. 

In the meantime, you can contact our health and social care team for support and advice on key duties under the Act relating to promoting people’s wellbeing, prevention, integration, market shaping, assessment, care planning and safeguarding.