Alternative care and funding
Produced in partnership with Jonathan Auburn of 11 King’s Bench Walk and Arianna Kelly of Kings Chambers
Alternative care and funding

The following Local Government guidance note Produced in partnership with Jonathan Auburn of 11 King’s Bench Walk and Arianna Kelly of Kings Chambers provides comprehensive and up to date legal information covering:

  • Alternative care and funding
  • Alternative care
  • Financial assistance

Alternative care

People with needs for care and support can receive care from family members, friends and relatives in addition to or in place of help from the local authority (LA).

Where LA’s consider an adult may have needs for care and support, they must provide an assessment to determine whether they have such needs.

In R (Antoniak) v Westminster, the High Court clarified the meaning of ‘needs’ under Part 1 of the Care Act 2014 (CA 2014). In conducting a needs assessment under the CA 2014, it is an assessment of an individual’s needs without regard to the existing help and support that they are already receiving. A need that is being met is still considered a ‘need’. See News Analysis: The meaning of ‘needs’ under the Care Act 2014 (R (Antoniak) v Westminster City Council).

Where an adult has needs, and these needs meet the prescribed eligibility criteria, their LA may choose, or may have a duty, to meet those needs. LAs may meet needs in a number of ways, including providing services themselves or arranging for others to provide services.

Where an LA chooses to provide a service, itself or through another, the service can be by way of (but is not limited to):

  1. respite care

  2. domiciliary care

  3. day centre care

Respite care

Respite care is a temporary period of