Field Court Chambers

This Practice Note explains the entitlement of family members, friends and relatives who care for the vulnerable to an assessment of their ability to provide the care required. The local authority must take the results of that assessment into account when deciding what services to provide to the vulnerable person. It describes the different services that can be provided, including respite care, domiciliary care and day centre care, and discusses the financial support available to elderly people for their care, including direct payments, welfare benefits, disability living allowance (DLA), personal independence payments (PIP), attendance allowance and carer’s allowance.

Local authorities have a duty to place a person assessed to be in need into accommodation. They must take into consideration an assessment of the person’s income and capital towards the cost of the care home. This Practice Note explains a local authority’s options and responsibilities for the placement of such persons and explains the options for the payment of care.

This Practice Note looks at a local authority's duty to carry out community care assessments for adults whom it considers may need care and support, and to provide assistance to disabled people, older disabled people and older people who are not disabled under the Care Act 2014.

This Practice Note covers the interim duties that a local housing authority (LHA) has to provide accommodation to a homeless applicant pending completion of its initial enquiries into the applicant’s circumstances pursuant to section 188 of the Housing Act 1996 (HA 1996). It also covers the power to accommodate pending an HA 1996, s 202 review and HA 1996, s 204 appeal of an unfavourable decision for the applicant.

This Practice Note covers the concept of suitability of accommodation in the context of Homelessness. It sets out guidance upon the standards applicable to accommodation offered by a local housing authority in discharge of its housing duty under Part VII of the Housing Act 1996 (HA 1996), including the question of how suitability is assessed, factors to be assessed, the impact of the public sector equality duty and tenure.

This Practice Note covers the law and guidance on the homelessness review and appeals procedure which applies once a local housing authority has reached a decision under section 184 of the Housing Act 1996 (HA 1996) regarding the duty it owes to a homeless applicant. This includes a summary of the decisions which can be reviewed, how that review takes place, the time limits for requesting review and guidance upon the appeals procedure which applies in respect of reviewable decisions.

This Practice Note has been produced to assist practitioners in navigating local authority duties to children and young people who may be entitled to advice and assistance in England only. This will include children who are subject to care orders or who are or have been voluntarily accommodated by the local authority and in terms of educational prospects, any young person who has been in state care either in the jurisdiction or elsewhere.

This Practice Note looks at the duties a local authority has in relation to children looked after by them, which includes children who are subject to care orders, interim care orders and those who are voluntarily accommodated by the local authority pursuant to section 20 of the Children Act 1989. It covers a local authority’s duty to safeguard and promote a child’s welfare and make such services available for children as are reasonable, specifically in relation to placing the child in suitable accommodation and preparing a care plan.

This Practice Note explains how the funding by local authorities for social care provision is allocated. It highlights changes brought in by consequence of the Care Act 2014 and describes where further change is likely. It covers eligibility for support, the charging principles and financial assessment process, deferred payment agreements (DPAs), deliberate deprivation of assets and the cap on care costs.

This Practice Note explains the local authority duty under the Care Act 2014 to provide community care and support to any person in need of such services rests with the local authority in whose area the person is ordinarily resident. Further that ordinary residence is given its ordinary and natural meaning. It sets out the factors that the local authority should take into account when considering a person’s ordinary residence, and describes the categories of people, both ordinarily resident and not ordinarily resident, for whom the local authority has the power and duty to provide residential accommodation.

This Practice Note provides a summary of the relevant law relating to deferred payment agreements (DPAs), when it is mandatory to grant them, choosing and setting up the DPA, executing the DPA and dealing with mandatory signatories who lack capacity, registering the agreement and storing originals after registration.

This Practice Note covers considerations for a local authority seeking to take action to recover debts accrued by individuals provided with community residential and domiciliary care. It covers the law, practical considerations and prevention.