Home Care Today has undertaken a project to explore the legal implications of the CDC approach to Home Care Packages. The aim is to ensure a balanced and positive approach to duty of care and dignity of risk that enables flexibility of service delivery within legal parameters. The project also explored other legal issues and strategies to address these.

As a result of this project a number of resources have been developed:

This article summarises the findings of the legal issues project literature review and stakeholder interviews. Drawing on organisational dynamics, the article considers how uncertainty surrounding changes such as the introduction of CDC may lead to organisations becoming more risk averse. Given that CDC aims to increase consumer control and flexibility in service provision, this requires a positive approach to risk taking. The article suggests some strategies to assist organisations to balance their duty of care with the dignity of risk for consumers.

The Practice Guidance on Legal Issues in CDC has been produced as a result of the findings of the Legal Issues Project. The guide contains:

  • an overview of the legal issues research
  • definitions of key legal terms and a suggested decision-making process for dealing with legal and ethical issues
  • a series of practice guides on the key legal issues raised in the research
  • references to relevant literature and resources.

This guide has been prepared to assist organisations to develop or review their current agreement. The 51 stakeholders from the legal issues project identified that organisations needed to meet a number of competing demands in the agreement. There was a particular focus on the agreement being written in plain language that was easily understood by the older person receiving the service. The guide provides the legal parameters, suggestions for ways to develop and/or review the agreement and specific information about special groups and how to meet their needs.

This guide has been prepared to assist consumers to understand their home care agreement.

Legal Issues Resources

Skills for Care UK (2011) Learning to Live with Risk: An Introduction for Service Providers

Abridged version  Long version

Faulkner, A (2012) JRF Programme Paper.  Risk, trust and relationships in an ageing society.The right to take risks: service users’ views of risk in adult social care.

ADASS West Midlands Joint Improvement partnership NHS West Midlands. A Positive Approach to Risk & Personalisation.

Gateshead Council’s Community Based Services (2008) Positive Risk Taking Policy

SCIE (2010) Enabling risk, ensuring safety: Self-directed support and personal budgets