The following Private Client practice note Produced in partnership with Craig Ward of Lundie, solicitor of Craybeck Law LLP provides comprehensive and up to date legal information covering:
Coronavirus (COVID-19): The content of this Practice Note is temporarily affected by the coronavirus (COVID-19) pandemic. For further guidance, see Practice Note: Coronavirus (COVID-19)—Care and Support Needs Assessments and News Analysis: The Coronavirus Act 2020 and its impact on social care provision.
Care and support needs or community care assessments are conducted by the local authority (LA) where someone aged 18 years or older is ordinarily resident. LAs have a duty to assess individuals once they become aware or a request is made that person may have need for care and support, which should be met by the LA. The assessment is subject to section 9 of the Care Act 2014 (CA 2014), which says:
‘…Where it appears to a local authority that an adult may have needs for care and support, the authority must assess:(a) whether the adult does have needs for care and support, and(b) if the adult does, what those needs are’
‘…Where it appears to a local authority that an adult may have needs for care and support, the authority must assess:
(a) whether the adult does have needs for care and support, and
(b) if the adult does, what those needs are’
Once the LA has identified that an individual meets their eligibility criteria, the LA has a duty to arrange or provide for services to meet these assessed care and support needs.
Following the introduction of CA 2014 from April 2015, all LAs are required to follow the Care and Support (Eligibility Criteria) Regulations 2015 (the Eligibility Regulations), SI 2015/313 as well as the provisions of the Care and Support (Assessment) Regulations 2014,
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