Government announcement on neighbourhood commissioning of social care has “real legal and commercial dimensions”, says law firm

Under the new plans, published yesterday (12 November), local councils will be tasked with arranging social care in people’s home in a smaller geographical area or ‘neighbourhood’.

Currently, councils can commission individual visits from multiple providers spread across large areas.

People may therefore see different carers across multiple days, while workers can spend significant parts of their day travelling between appointments, the Government said.

Responding to the announcement, James Arrowsmith, Partner at Browne Jacobson, warned that the practical challenges of making the transition “should not be underestimated”.

He said: “Current commissioning arrangements, procurements, contracts and allocation systems have been built around a different model, and providers have shaped their offers accordingly.

“Councils will need to work closely with their social care leadership and legal teams to understand what is achievable within their existing frameworks and what a transition programme might look like. This is not simply an operational question, but has real legal and commercial dimensions.”

He warned that capacity is also unlikely to be evenly distributed, and that homecare ‘cold spots’ will “almost certainly emerge”, particularly in large rural areas.

He said: “Ambitious councils may want to think now about how development of provision in those areas can be supported as part of any transition programme.”

In September, Prime Minister Andy Burnham announced that a fully funded national care service will be established in the next Parliament, providing free personal care for older people, based on need rather than their ability to pay.

Baroness Casey’s review of adult social care has been brought forward a full year, which will deliver recommendations for building a national care service.

Minister of State for Social Care and Mental Health, Alison McGovern, said: “Commissioning social care by neighbourhoods will help people stay well, independent and at home for longer. Home care will be more personalised, and people will see familiar carers who understand their needs and priorities. Carers won’t travel as far, saving time instead of rushing from visit to visit and carrying out set tasks in an impersonal way.

“Under our plans, social care will work in lockstep with our NHS; better care at home means fewer unnecessary trips to hospital. We will work with councils and our NHS to deliver more care in our community, care that is proactive, planned and preventative, as we continue to lay the foundations for our national care service.”

Continuing his response, James Arrowsmith said: “The legal and commercial tools to begin this transition already exist. Commissioners and their legal advisers have an important role to play in helping their social care colleagues understand the possibilities and constraints of current arrangements, and in working constructively with providers to explore how change can be achieved.

“This announcement – and the evidence base behind it – provides a valuable platform for those conversations, even before the spring guidance arrives.”

Also responding to the announcement, Cllr Dr Wendy Taylor MBE, Chair of the LGA’s Health and Wellbeing Committee, said: "Trusted relationships between people who draw on care and support and those caring for them, alongside continuity of care, are central to good home care.

"Councils will take different approaches to ensure local people can access home care and support, in line with their statutory duties and to suit local circumstances and the needs of their communities."

She added: “Many councils are already taking neighbourhood-based approaches to arranging home care as part of a wider move to joined-up health and care at neighbourhood level.

"We continue to work with DHSC and sector partners to create the right local conditions for people to access the home-based care that is most effective in supporting them to remain living independently at home."

Lottie Winson