Care and accommodation

Copyright © 2024 LexisNexis

The Care Act 2014 (CA 2014) imposes a duty on local authority (LA) to carry out an assessment of the needs of any adult, ordinarily resident in their area, whom it considers may have needs for care and support. It must consider the assessment and decide what, if any, services need to be provided to meet the person's needs. If the adult has needs and they meet the eligibility criteria, the LA may choose, or may have a duty, to meet those needs.

Following assessment, the LA has a further duty to consider what (if any) services should be provided to meet the person's needs. This subtopic considers provisions in relation to accommodation and care needs and, in particular, where those needs overlap.

LAs should set a low threshold for undertaking the assessments.

Assessment of needs

An assessment can be triggered on request by an older or disabled person, their families or carers, or by an LA where it appears that an adult may have need for care and support.

A person will meet the eligibility criteria if:

  1. •

    the adult's needs arise from or are related

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Local Government News

MHCLG announces leasehold reforms for 2025 – implementation of LFRA 2024 and modernisation of commonhold

The Ministry of Housing, Communities and Local Government has announced a comprehensive set of leasehold reforms, scheduled for implementation in 2025, aimed at providing increased rights and protections for owners of five million leasehold homes. Key measures include the implementation of the provisions in the Leasehold and Freehold Reform Act 2024 (LFRA 2024) in January 2025, which remove the current ‘two-year-rule’, enabling leaseholders to extend their lease or purchase their freehold without waiting two years after their initial purchase and those which will allow homeowners to take over the management of their building, and ensure more cost transparency and facilitating challenges to unfair service charges.

CJC concludes comprehensive review of pre-action protocols with publication of final report (phase two)

The Civil Justice Council (CJC) has concluded its extensive review of pre-action protocols (PAPs) with the publication of its phase two report. The first phase of the final report, published in August 2023, examined the role of PAPs in the civil justice system and explored the potential for digitalising pre-action processes. The second phase was published in November 2024. In the second (and final) phase report the CJC has set out its recommendations for the reform of various existing PAPs, including those for Personal Injury, Housing, Judicial Review, Debt, Construction and Engineering, Professional Negligence and Media and Communications. The report also recommends the creation of two new PAPs, one for dealing with child abuse and one for Multi-Track Claims in the Business and Property Courts of England and Wales (with a draft included at Appendix 1).

LGSCO proposes expanded powers to enhance public service oversight

The Local Government and Social Care Ombudsman (LGSCO) has published its Triennial review, outlining four key recommendations to improve public services and enhance its investigative capabilities. The proposals include expanding the LGSCO's remit to investigate education, health and care plan implementation in schools, mandating signposting to the LGSCO by independent adult social care providers, updating its jurisdiction to encompass emerging local government services and establishing a statutory duty to monitor compliance with the forthcoming complaint handling code. These recommendations aim to address accountability gaps and modernise the Ombudsman's service in response to increasing case complexity, particularly in areas such as special educational needs and disabilities (SEND), adult social care and homelessness.

DHSC opens consultation on tackling modern slavery in NHS procurement

The Department of Health and Social Care (DHSC) has launched a consultation on proposed regulations and guidance aimed at combatting modern slavery in NHS procurement. The draft National Health Service (Procurement, Slavery and Human Trafficking) Regulations 2024 seek to ensure that NHS supply chains and business activities are free from ethical and labour standards abuses. The consultation invites views from public bodies, suppliers and the public on various aspects, including implementation strategies, impact assessment, risk management in procurement frameworks and support mechanisms for public bodies to fulfil these new duties. This initiative aligns with the government's stance that the NHS has a crucial role in addressing modern slavery through its procurement practices. The consultation closes on 13 February 2025.

View Local Government by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

How can a local authority recovery care fees after the person receiving the care has died? Can interest

How can a local authority recovery care fees after the person receiving the care has died? Can interest continue to be charged to the estate after death?The Care Act 2014 (CA 2014) provides a framework for the recovery of debts resulting from a local authority’s involvement in support and care,

Letter to GP requesting assessment of capacity to enter into a Lasting Power of Attorney for health and

Letter to GP requesting assessment of capacity to enter into a Lasting Power of Attorney for health and welfare[GP OR Doctor]Dear Dr [insert name]Client nameClient addressClient date of birthI act for [insert client’s name] in connection with a lasting power of attorney for health and welfare

How long does a local authority have to keep records of payments made to care home providers? What basis

How long does a local authority have to keep records of payments made to care home providers? What basis can an individual request details of payments made?How long does a local authority have to keep records of payments made to care home providers?In some respects, the answer is that the local

Micklefield clauses

Micklefield clausesWhat is a Micklefield clause?It is common for employee share plans to provide that, on termination of employment (or when an employee is given or receives notice of termination of employment), subsisting share awards will be forfeited and subsisting share options will lapse.It is
How can a local authority recovery care fees after the person receiving the care has died? Can interest

How can a local authority recovery care fees after the person receiving the care has died? Can interest

How can a local authority recovery care fees after the person receiving the care has died? Can interest continue to be charged to the estate after death?The Care Act 2014 (CA 2014) provides a framework for the recovery of debts resulting from a local authority’s involvement in support and care,

Letter to GP requesting assessment of capacity to enter into a Lasting Power of Attorney for health and

Letter to GP requesting assessment of capacity to enter into a Lasting Power of Attorney for health and

Letter to GP requesting assessment of capacity to enter into a Lasting Power of Attorney for health and welfare[GP OR Doctor]Dear Dr [insert name]Client nameClient addressClient date of birthI act for [insert client’s name] in connection with a lasting power of attorney for health and welfare

How long does a local authority have to keep records of payments made to care home providers? What basis

How long does a local authority have to keep records of payments made to care home providers? What basis

How long does a local authority have to keep records of payments made to care home providers? What basis can an individual request details of payments made?How long does a local authority have to keep records of payments made to care home providers?In some respects, the answer is that the local

Micklefield clauses

Micklefield clauses

Micklefield clausesWhat is a Micklefield clause?It is common for employee share plans to provide that, on termination of employment (or when an employee is given or receives notice of termination of employment), subsisting share awards will be forfeited and subsisting share options will lapse.It is