Providing Information and Advice

Information and advice services enable people, carers and families to take control of, and make well-informed choices about their Care and Support and how they fund it. Not only does information and advice help to promote people's Wellbeing by increasing their ability to exercise choice and control, it is also a vital component of preventing or delaying people's need for Care and Support.

Under Section 4 of the Care Act the Local Authority must establish and maintain a service for providing people with information and advice. This requires the Local Authority to ensure that it identifies what is needed locally and to co-ordinate and make effective use of information and advice resources in their area (including its own services). Overall, the Local Authority must ensure that there is accessible, up-to-date, accurate, comprehensive but proportionate advice and local information relating to Care and Support for people and Support for carers.

The Local Authority can provide information and advice services directly or it can do so through partnership/collaboration with communities, other agencies or a relevant partner. Some information or advice may be more accessible when provided by an independent person or organisation (for example advice in relation to challenging a decision made by the Local Authority).

The Care and Support Statutory Guidance makes a distinction between the provision of information and the provision of advice, but both are of equal importance:

The Local Authority must be proactive in its identification of opportunities to offer information and advice whenever it comes into contact with people in need of Care and Support (and carers in need of Support). This will include at all stages of Adult Care and Support processes and applies regardless of whether the person (or carer) is already receiving a service.

The timing and proportionality of information and advice provision should be considered. For example, providing too much information during a time of crisis may not be helpful. Likewise failing to provide information about the assessment process beforehand does not support the person to prepare for it. The practitioner providing the information and advice should be suitably skilled so as to support the person (or carer) to understand and explore what information and advice they may (or may not) need. 

People who are likely to need information and advice include, but are not limited to:

1. People (and/or their families) wanting to plan for their future Care and Support needs;
2. People (and/or carers) who may develop Care and Support needs (or Support needs), or whose current Care and Support needs (or support needs) may become greater;
3. People (and/or carers) who have not presented to the Local Authority for assessment but who are likely to be in need of Care and Support (or Support);
4. People (and/or carers) who have been referred to the Local Authority (or who have self referred) and are either awaiting allocation for an assessment or other course of action;
5. People who have been assessed as being in need of Care and Support but who are not receiving Care and Support from the Local Authority (for example, those who make their own arrangements or whose services are commissioned through NHS Continuing Healthcare);
6. People (and/or carers) who have already been assessed and are in receipt of Care and Support from the Local Authority;
7. People (and/or carers) whose Care and Support plans (or Support plans) are currently being reviewed;
8. People who are subject to adult safeguarding concerns;
9. Informal or paid carers, professionals or agencies who have concerns about a person with needs for Care and Support;
10. People seeking information about financial matters concerning Care and Support, including understanding the financial implications of any Care and Support needs, a Direct Payment or an appointeeship;
11. People (and/or their families) wishing to complain, question or challenge a decision made by the Local Authority; and
12. Care and Support staff who have contact with and provide information and advice as part of their jobs.

In order to support people, the Local Authority must make sure information and advice is provided on the following matters in particular;

Information and advice content should, where possible, be provided in the manner preferred by the person requesting it. The information and advice must also be open to everyone who would benefit from it. This is what the term 'accessible' means and also demonstrates consideration for the person's wishes (one of the things the Local Authority must have regard to in order to promote wellbeing).

Whilst large numbers of people now have access to the internet, the Care Act statutory guidance warns against reliance on digital means alone, and makes it clear that the duties under the Act cannot be fulfilled by doing so. It is therefore to be expected that information and advice will need to be available in a number of different formats.

The following methods should be considered when providing information and advice:

1. Face-to-face contact;
2. Use of peer-to-peer contacts;
3. Community settings;
4. Advice and Advocacy services;
5. Telephone;
6. Mass communications, and targeted use of leaflets, posters (for example: in GP surgeries);
7. Use of 'free' media such as newspaper, local radio stations, social media;
8. The Local Authority internet websites, including support for the self-assessment of needs;
9. Third party internet content and applications; and
10. Email.

Reasonable adjustments should be made to ensure that disabled people, people with substantial communication difficulties (including people with sensory impairment or where English is not their first language) and people with difficulties engaging have equal access to information and advice services. Reasonable adjustments could include the provision of information in accessible formats or arranging for communication support or advocacy.

Where the Local Authority has provided information or advice to a person with (or with the appearance of) Care and Support needs or a carer with (or with the appearance of) Support needs and there is a view that the person or carer will not be able to act on the advice or information provided (either due to a lack of Mental Capacity or other difficulty), the Local Authority should consider how it can support the person to access it.

There is no duty upon the Local Authority to provide independent advocacy when providing information and advice under Section 4 of the Act, but the statutory guidance describes the consideration of advocacy or other support as good practice.

Information and advice around finances is one of the most common reasons for people and /or families/carers to contact the Local Authority. The Care Act imposes a specific duty to provide guidance on financial matters related to Care and Support.

Good financial information and advice is integral to a person's consideration of how best to meet both immediate and future Care and Support needs. People who have received good information and advice have a much better understanding of how their available resources can be used more flexibly to fund a wider range of care options.

Information and advice the Local Authority must provide (either directly, through a partner organisation or through signposting the person to independent financial advice services) includes:

1. Understanding care charges (including how much may have to be paid and why, how financial contributions are assessed, the implications of choosing different services on potential contributions, residential charges and top ups);
2. Ways to pay any assessed financial contribution to the Local Authority (including local arrangements for invoicing, payment of Direct Payment contributions and deferred payment agreements);
3. Ways to pay a care provider (when the person is likely to be self funding);
4. Money management and financial planning to meet the costs associated with immediate or future Care and Support needs (including welfare benefits, advice on good money management, help with basic budgeting and possibly on debt management);
5. Making informed financial decisions (including considering the timing and context of any retirement decisions a person might be making and how this interacts with paying for their Care and Support);
6. Advice for people who feel at risk of financial exploitation; and
7. Facilitating access to independent financial information and advice (including making people aware of specific sources of information and advice that are available and why they may be beneficial to them, what the costs of using the services may be and giving information about how to access them).

Decisions around Care and Support are often made in times of crisis and people, families or carers may not be in a position to understand the financial implications. It is therefore important that people are:

1. Provided with information and advice relating to finances as many times as it is required; and
2. Given information and advice about financial matters early so they have time to plan arrangements for a crisis before it occurs. The Care Act places a responsibility on the Local Authority to proactively identify people in its area who may benefit from financial advice. This involves the Local Authority being proactive in making information available through its own resources (for example the internet, leaflets and other advertising) and through Relevant Partner agencies (for example health).