Assessment for residential accommodation
Assessment for residential accommodation

The following Private Client practice note provides comprehensive and up to date legal information covering:

  • Assessment for residential accommodation
  • Local authority responsibility—pre- and post-Care Act 2014
  • Pre-Care Act 2014: 'suffering as a result of age, illness, disability or any other circumstances'
  • Pre-Care Act 2014: 'care and attention'
  • Pre-Care Act 2014: 'not otherwise available to them'
  • Care Act 2014: 'where the needs arise from or are related to a physical or mental impairment or illness'
  • Care Act 2014: 'where the adult is unable to achieve two or more of specified outcomes'
  • Care Act 2014: 'as a consequence, there is, or is likely to be, a significant impact on the adult’s well-being'

Coronavirus (COVID-19): The content of this Practice Note is temporarily affected by the coronavirus (COVID-19) pandemic. For further guidance, see: The Coronavirus Act 2020 and its impact on social care provision.

When confronted with issues concerning residential accommodation, the practitioner is most likely to be dealing with one or both of the need for admittance to and the running of such accommodation. The legislation in respect of both situations is complex. To add confusion, the provision of residential care falls within both the local authority and private domains.

In respect of the provision of residential accommodation, the practitioner should be equipped with the primary relevant legislation:

  1. National Assistance Act 1948 (NAA 1948)

  2. Health and Social Care Act 2008 (HSCA 2008)

  3. Care Act 2014 (CA 2014)

  4. Care and Support (Eligibility Criteria) Regulations 2015

Local authority responsibility—pre- and post-Care Act 2014

Although heavily amended over the years, NAA 1948 was the basis of the pre-April 2015 responsibilities of local authorities for the provision of:

'… residential accommodation for persons aged eighteen or over who by reason of age, illness, disability or any other circumstances are in need of care and attention which is not otherwise available to them.'

However, while the responsibility of providing residential accommodation remains, and will continue to remain, with a local authority, CA 2014 has reworked and replaced the basis for that provision. For the moment, s 21

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