The following Local Government practice 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:
Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, makes provision to introduce changes to the Care Act 2014 duties on local authorities when needed during management of the pandemic. For details, see News Analysis: The Coronavirus Act 2020 and its impact on social care provision. For further information, see: Coronavirus (COVID-19)—social care tracker and Coronavirus (COVID-19)—local government tracker.
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
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