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CARE ACT 2014

UK Public General Acts

Version 06/04/2016

2014 CHAPTER 23

Default Geographical Extent: E+W+S+N.I.


  • PART 1. Care and support
    • General responsibilities of local authorities (E+W)
    • Meeting needs for care etc. (E+W)
    • Assessing needs (E+W)
    • Charging and assessing financial resources (E+W)
    • Duties and powers to meet needs (E+W)
    • Next steps after assessments (E+W)
    • Direct payments (E+W)
    • Deferred payment agreements, etc. (E+W)
    • Continuity of care and support when adult moves (E+W)
    • Establishing where a person lives, etc.
    • Safeguarding adults at risk of abuse or neglect (E+W)
    • Provider failure
    • Market oversight (E+W)
    • Transition for children to adult care and support, etc. (E+W)
    • Independent advocacy support (E+W)
    • Enforcement of debts (E+W)
    • Review of funding provisions (E+W)
    • Appeals (E+W)
    • Miscellaneous
    • General (E+W)
  • PART 2 (E+W). Care standards
    • Quality of services (E+W)
    • Care Quality Commission (E+W)
    • Increasing the independence of the Care Quality Commission (E+W)
    • Performance ratings (E+W)
    • False or misleading information (E+W)
    • Regulated activities (E+W)
  • PART 3. Health
    • CHAPTER 1. Health Education England
      • Establishment
      • National functions (E+W)
      • Local functions (E+W)
      • Tariffs (E+W)
    • CHAPTER 2. Health Research Authority
      • Establishment
      • General functions
      • Regulatory practice
      • Research ethics committees
      • Patient information
    • CHAPTER 3. Chapters 1 and 2: supplementary
      • Miscellaneous
      • General
    • CHAPTER 4 (E+W). Trust special administration
  • PART 4 (E+W). Health and social care
    • Integration fund (E+W)
    • Information (E+W)
  • PART 5. General
  • Version 06/04/2016
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  • Version as enacted

Introductory Text

Care Act 2014

2014 CHAPTER 23

An Act to make provision to reform the law relating to care and support for adults and the law relating to support for carers; to make provision about safeguarding adults from abuse or neglect; to make provision about care standards; to establish and make provision about Health Education England; to establish and make provision about the Health Research Authority; to make provision about integrating care and support with health services; and for connected purposes.

[14th May 2014]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

PART 1
Care and support



Annotations:

Modifications etc. (not altering text)

C1 Pt. 1 modified (1.4.2015) by The Care and Support (Isles of Scilly) Order 2015 (S.I. 2015/642), arts. 1, 2(2)(a) (with transitional provisions in S.I. 2015/995)

C2 Pt. 1 applied in part (with modifications) (1.4.2015 coming into force in accordance with reg. 1(1)) by The Care and Support (Children's Carers) Regulations 2015 (S.I. 2015/305), regs. 1(1), 2(1)(a), 2(2), 4-12; S.I. 2015/993, art. 2(q)


General responsibilities of local authorities (E+W)


1 Promoting individual well-being (E+W)

(1) The general duty of a local authority, in exercising a function under this Part in the case of an individual, is to promote that individual's well-being.

(2) “Well-being”, in relation to an individual, means that individual's well-being so far as relating to any of the following—

(a) personal dignity (including treatment of the individual with respect) ;
(b) physical and mental health and emotional well-being;
(c) protection from abuse and neglect;
(d) control by the individual over day-to-day life (including over care and support, or support, provided to the individual and the way in which it is provided) ;
(e) participation in work, education, training or recreation;
(f) social and economic well-being;
(g) domestic, family and personal relationships;
(h) suitability of living accommodation;
(i) the individual's contribution to society.
(3) In exercising a function under this Part in the case of an individual, a local authority must have regard to the following matters in particular—

(a) the importance of beginning with the assumption that the individual is best-placed to judge the individual's well-being;
(b) the individual's views, wishes, feelings and beliefs;
(c) the importance of preventing or delaying the development of needs for care and support or needs for support and the importance of reducing needs of either kind that already exist;
(d) the need to ensure that decisions about the individual are made having regard to all the individual's circumstances (and are not based only on the individual's age or appearance or any condition of the individual's or aspect of the individual's behaviour which might lead others to make unjustified assumptions about the individual's well-being) ;
(e) the importance of the individual participating as fully as possible in decisions relating to the exercise of the function concerned and being provided with the information and support necessary to enable the individual to participate;
(f) the importance of achieving a balance between the individual's well-being and that of any friends or relatives who are involved in caring for the individual;
(g) the need to protect people from abuse and neglect;
(h) the need to ensure that any restriction on the individual's rights or freedom of action that is involved in the exercise of the function is kept to the minimum necessary for achieving the purpose for which the function is being exercised.
(4) “Local authority” means—

(a) a county council in England,
(b) a district council for an area in England for which there is no county council,
(c) a London borough council, or
(d) the Common Council of the City of London.
Annotations:

Commencement Information

I1 S. 1 in force at 1.4.2015 by S.I. 2015/993, art. 2(a) (with transitional provisions in S.I. 2015/995)


2 Preventing needs for care and support (E+W)

(1) A local authority must provide or arrange for the provision of services, facilities or resources, or take other steps, which it considers will—

(a) contribute towards preventing or delaying the development by adults in its area of needs for care and support;
(b) contribute towards preventing or delaying the development by carers in its area of needs for support;
(c) reduce the needs for care and support of adults in its area;
(d) reduce the needs for support of carers in its area.
(2) In performing that duty, a local authority must have regard to—

(a) the importance of identifying services, facilities and resources already available in the authority's area and the extent to which the authority could involve or make use of them in performing that duty;
(b) the importance of identifying adults in the authority's area with needs for care and support which are not being met (by the authority or otherwise) ;
(c) the importance of identifying carers in the authority's area with needs for support which are not being met (by the authority or otherwise).
(3) Regulations may—

(a) permit a local authority to make a charge for providing or arranging for the provision of services, facilities or resources, or for taking other steps, under this section;
(b) prohibit a local authority from making a charge it would otherwise be permitted to make by virtue of paragraph (a).
(4) The regulations may in particular (in reliance on section 125(7) ) make provision by reference to services, facilities or resources which—

(a) are of a specified type;
(b) are provided in specified circumstances;
(c) are provided to an adult of a specified description;
(d) are provided for a specified period only.
(5) A charge under the regulations may cover only the cost that the local authority incurs in providing or arranging for the provision of the service, facility or resource or for taking the other step.

(6) In cases where a local authority performs the duty under subsection (1) jointly with one or more other local authorities in relation to the authorities' combined area—

(a) references in this section to a local authority are to be read as references to the authorities acting jointly, and
(b) references in this section to a local authority's area are to be read as references to the combined area.
(7) Sections 21 (exception for persons subject to immigration control) , 22 (exception for provision of health services) and 23 (exception for provision of housing etc.) apply in relation to the duty under subsection (1) , but with the modifications set out in those sections.

(8) “Adult” means a person aged 18 or over.

Annotations:

Modifications etc. (not altering text)

C1 Pt. 1 modified (1.4.2015) by The Care and Support (Isles of Scilly) Order 2015 (S.I. 2015/642), arts. 1, 2(2)(a) (with transitional provisions in S.I. 2015/995)

C2 Pt. 1 applied in part (with modifications) (1.4.2015 coming into force in accordance with reg. 1(1)) by The Care and Support (Children's Carers) Regulations 2015 (S.I. 2015/305), regs. 1(1), 2(1)(a), 2(2), 4-12; S.I. 2015/993, art. 2(q)

Commencement Information

I2 S. 2(1)(2)(5)-(8) in force at 1.4.2015 by S.I. 2015/993, art. 2(a) (with transitional provisions in S.I. 2015/995)

I3 S. 2(3)(4) in force at 1.10.2014 for specified purposes by S.I. 2014/2473, art. 2(1)(a)

I4 S. 2(3)(4) in force at 1.4.2015 in so far as not already in force by S.I. 2015/993, art. 2(a) (with transitional provisions in S.I. 2015/995)


3 Promoting integration of care and support with health services etc. (E+W)

(1) A local authority must exercise its functions under this Part with a view to ensuring the integration of care and support provision with health provision and health-related provision where it considers that this would—

(a) promote the well-being of adults in its area with needs for care and support and the well-being of carers in its area,
(b) contribute to the prevention or delay of the development by adults in its area of needs for care and support or the development by carers in its area of needs for support, or
(c) improve the quality of care and support for adults, and of support for carers, provided in its area (including the outcomes that are achieved from such provision).
(2) “Care and support provision” means—

(a) provision to meet adults' needs for care and support,
(b) provision to meet carers' needs for support, and
(c) provision of services, facilities or resources, or the taking of other steps, under section 2.
(3) “Health provision” means provision of health services as part of the health service.

(4) “Health-related provision” means provision of services which may have an effect on the health of individuals but which are not—

(a) health services provided as part of the health service, or
(b) services provided in the exercise of social services functions (as defined by section 1A of the Local Authority Social Services Act 1970).
(5) For the purposes of this section, the provision of housing is health-related provision.

(6) In section 13N of the National Health Service Act 2006 (duty of NHS Commissioning Board to promote integration) , at the end insert—

“(5) For the purposes of this section, the provision of housing accommodation is a health-related service.”
(7) In section 14Z1 of that Act (duty of clinical commissioning groups to promote integration) , at the end insert—

“(4) For the purposes of this section, the provision of housing accommodation is a health-related service.”
Annotations:

Modifications etc. (not altering text)

C1 Pt. 1 modified (1.4.2015) by The Care and Support (Isles of Scilly) Order 2015 (S.I. 2015/642), arts. 1, 2(2)(a) (with transitional provisions in S.I. 2015/995)

C2 Pt. 1 applied in part (with modifications) (1.4.2015 coming into force in accordance with reg. 1(1)) by The Care and Support (Children's Carers) Regulations 2015 (S.I. 2015/305), regs. 1(1), 2(1)(a), 2(2), 4-12; S.I. 2015/993, art. 2(q)

Commencement Information

I5 S. 3 in force at 1.4.2015 by S.I. 2015/993, art. 2(a) (with transitional provisions in S.I. 2015/995)


4 Providing information and advice (E+W)

(1) A local authority must establish and maintain a service for providing people in its area with information and advice relating to care and support for adults and support for carers.

(2) The service must provide information and advice on the following matters in particular—

(a) the system provided for by this Part and how the system operates in the authority's area,
(b) the choice of types of care and support, and the choice of providers, available to those who are in the authority's area,
(c) how to access the care and support that is available,
(d) how to access independent financial advice on matters relevant to the meeting of needs for care and support, and
(e) how to raise concerns about the safety or well-being of an adult who has needs for care and support.
(3) In providing information and advice under this section, a local authority must in particular—

(a) have regard to the importance of identifying adults in the authority's area who would be likely to benefit from financial advice on matters relevant to the meeting of needs for care and support, and
(b) seek to ensure that what it provides is sufficient to enable adults—
(i) to identify matters that are or might be relevant to their personal financial position that could be affected by the system provided for by this Part,
(ii) to make plans for meeting needs for care and support that might arise, and
(iii) to understand the different ways in which they may access independent financial advice on matters relevant to the meeting of needs for care and support.
(4) Information and advice provided under this section must be accessible to, and proportionate to the needs of, those for whom it is being provided.

(5) “Independent financial advice” means financial advice provided by a person who is independent of the local authority in question.

(6) In cases where a local authority performs the duty under subsection (1) jointly with one or more other local authorities by establishing and maintaining a service for their combined area—

(a) references in this section to a local authority are to be read as references to the authorities acting jointly, and
(b) references in this section to a local authority's area are to be read as references to the combined area.
Annotations:

Modifications etc. (not altering text)

C1 Pt. 1 modified (1.4.2015) by The Care and Support (Isles of Scilly) Order 2015 (S.I. 2015/642), arts. 1, 2(2)(a) (with transitional provisions in S.I. 2015/995)

C2 Pt. 1 applied in part (with modifications) (1.4.2015 coming into force in accordance with reg. 1(1)) by The Care and Support (Children's Carers) Regulations 2015 (S.I. 2015/305), regs. 1(1), 2(1)(a), 2(2), 4-12; S.I. 2015/993, art. 2(q)

Commencement Information

I6 S. 4 in force at 1.4.2015 by S.I. 2015/993, art. 2(a) (with transitional provisions in S.I. 2015/995)


5 Promoting diversity and quality in provision of services (E+W)

(1) A local authority must promote the efficient and effective operation of a market in services for meeting care and support needs with a view to ensuring that any person in its area wishing to access services in the market—

(a) has a variety of providers to choose from who (taken together) provide a variety of services;
(b) has a variety of high quality services to choose from;
(c) has sufficient information to make an informed decision about how to meet the needs in question.
(2) In performing that duty, a local authority must have regard to the following matters in particular—

(a) the need to ensure that the authority has, and makes available, information about the providers of services for meeting care and support needs and the types of services they provide;
(b) the need to ensure that it is aware of current and likely future demand for such services and to consider how providers might meet that demand;
(c) the importance of enabling adults with needs for care and support, and carers with needs for support, who wish to do so to participate in work, education or training;
(d) the importance of ensuring the sustainability of the market (in circumstances where it is operating effectively as well as in circumstances where it is not) ;
(e) the importance of fostering continuous improvement in the quality of such services and the efficiency and effectiveness with which such services are provided and of encouraging innovation in their provision;
(f) the importance of fostering a workforce whose members are able to ensure the delivery of high quality services (because, for example, they have relevant skills and appropriate working conditions).
(3) In having regard to the matters mentioned in subsection (2) (b) , a local authority must also have regard to the need to ensure that sufficient services are available for meeting the needs for care and support of adults in its area and the needs for support of carers in its area.

(4) In arranging for the provision by persons other than it of services for meeting care and support needs, a local authority must have regard to the importance of promoting the well-being of adults in its area with needs for care and support and the well-being of carers in its area.

(5) In meeting an adult's needs for care and support or a carer's needs for support, a local authority must have regard to its duty under subsection (1).

(6) In cases where a local authority performs the duty under subsection (1) jointly with one or more other local authorities in relation to persons who are in the authorities' combined area—

(a) references in this section to a local authority are to be read as references to the authorities acting jointly, and
(b) references in this section to a local authority's area are to be read as references to the combined area.
(7) “Services for meeting care and support needs” means—

(a) services for meeting adults' needs for care and support, and
(b) services for meeting carers' needs for support.
(8) The references in subsection (7) to services for meeting needs include a reference to services, facilities or resources the purpose of which is to contribute towards preventing or delaying the development of those needs.

Annotations:

Modifications etc. (not altering text)

C1 Pt. 1 modified (1.4.2015) by The Care and Support (Isles of Scilly) Order 2015 (S.I. 2015/642), arts. 1, 2(2)(a) (with transitional provisions in S.I. 2015/995)

C2 Pt. 1 applied in part (with modifications) (1.4.2015 coming into force in accordance with reg. 1(1)) by The Care and Support (Children's Carers) Regulations 2015 (S.I. 2015/305), regs. 1(1), 2(1)(a), 2(2), 4-12; S.I. 2015/993, art. 2(q)

Commencement Information

I7 S. 5 in force at 1.4.2015 by S.I. 2015/993, art. 2(a) (with transitional provisions in S.I. 2015/995)


6 Co-operating generally (E+W)

(1) A local authority must co-operate with each of its relevant partners, and each relevant partner must co-operate with the authority, in the exercise of—

(a) their respective functions relating to adults with needs for care and support,
(b) their respective functions relating to carers, and
(c) functions of theirs the exercise of which is relevant to functions referred to in paragraph (a) or (b).
(2) A local authority must co-operate, in the exercise of its functions under this Part, with such other persons as it considers appropriate who exercise functions, or are engaged in activities, in the authority's area relating to adults with needs for care and support or relating to carers.

(3) The following are examples of persons with whom a local authority may consider it appropriate to co-operate for the purposes of subsection (2) —

(a) a person who provides services to meet adults' needs for care and support, services to meet carers' needs for support or services, facilities or resources of the kind referred to in section 2(1) ;
(b) a person who provides primary medical services, primary dental services, primary ophthalmic services, pharmaceutical services or local pharmaceutical services under the National Health Service Act 2006;
(c) a person in whom a hospital in England is vested which is not a health service hospital as defined by that Act;
(d) a private registered provider of social housing.
(4) A local authority must make arrangements for ensuring co-operation between—

(a) the officers of the authority who exercise the authority's functions relating to adults with needs for care and support or its functions relating to carers,
(b) the officers of the authority who exercise the authority's functions relating to housing (in so far as the exercise of those functions is relevant to functions referred to in paragraph (a) ) ,
(c) the Director of Children's Services at the authority (in so far as the exercise of functions by that officer is relevant to the functions referred to in paragraph (a) ) , and
(d) the authority's director of public health (see section 73A of the National Health Service Act 2006).
(5) The references in subsections (1) and (4) (a) to a local authority's functions include a reference to the authority's functions under sections 58 to 65 (transition for children with needs etc.).

(6) The duties under subsections (1) to (4) are to be performed for the following purposes in particular—

(a) promoting the well-being of adults with needs for care and support and of carers in the authority's area,
(b) improving the quality of care and support for adults and support for carers provided in the authority's area (including the outcomes that are achieved from such provision) ,
(c) smoothing the transition to the system provided for by this Part for persons in relation to whom functions under sections 58 to 65 are exercisable,
(d) protecting adults with needs for care and support who are experiencing, or are at risk of, abuse or neglect, and
(e) identifying lessons to be learned from cases where adults with needs for care and support have experienced serious abuse or neglect and applying those lessons to future cases.
(7) Each of the following is a relevant partner of a local authority—

(a) where the authority is a county council for an area for which there are district councils, each district council;
(b) any local authority, or district council for an area in England for which there is a county council, with which the authority agrees it would be appropriate to co-operate under this section;
(c) each NHS body in the authority's area;
(d) the Minister of the Crown exercising functions in relation to social security, employment and training, so far as those functions are exercisable in relation to England;
(e) the chief officer of police for a police area the whole or part of which is in the authority's area;
(f) the Minister of the Crown exercising functions in relation to prisons, so far as those functions are exercisable in relation to England;
(g) a relevant provider of probation services in the authority's area;
(h) such person, or a person of such description, as regulations may specify.
(8) The reference to an NHS body in a local authority's area is a reference to—

(a) the National Health Service Commissioning Board, so far as its functions are exercisable in relation to the authority's area,
(b) a clinical commissioning group the whole or part of whose area is in the authority's area, or
(c) an NHS trust or NHS foundation trust which provides services in the authority's area.
(9) “Prison” has the same meaning as in the Prison Act 1952 (see section 53(1) of that Act).

(10) “Relevant provider of probation services” has the meaning given by section 325 of the Criminal Justice Act 2003.

Annotations:

Modifications etc. (not altering text)

C1 Pt. 1 modified (1.4.2015) by The Care and Support (Isles of Scilly) Order 2015 (S.I. 2015/642), arts. 1, 2(2)(a) (with transitional provisions in S.I. 2015/995)

C2 Pt. 1 applied in part (with modifications) (1.4.2015 coming into force in accordance with reg. 1(1)) by The Care and Support (Children's Carers) Regulations 2015 (S.I. 2015/305), regs. 1(1), 2(1)(a), 2(2), 4-12; S.I. 2015/993, art. 2(q)

Commencement Information

I8 S. 6 in force at 1.4.2015 by S.I. 2015/993, art. 2(a) (with transitional provisions in S.I. 2015/995)


7 Co-operating in specific cases (E+W)

(1) Where a local authority requests the co-operation of a relevant partner, or of a local authority which is not one of its relevant partners, in the exercise of a function under this Part in the case of an individual with needs for care and support or in the case of a carer, a carer of a child or a young carer, the partner or authority must comply with the request unless it considers that doing so—

(a) would be incompatible with its own duties, or
(b) would otherwise have an adverse effect on the exercise of its functions.
(2) Where a relevant partner of a local authority, or a local authority which is not one of its relevant partners, requests the co-operation of the local authority in its exercise of a function in the case of an individual with needs for care and support or in the case of a carer, a carer of a child or a young carer, the local authority must comply with the request unless it considers that doing so—

(a) would be incompatible with its own duties, or
(b) would otherwise have an adverse effect on the exercise of its functions.
(3) A person who decides not to comply with a request under subsection (1) or (2) must give the person who made the request written reasons for the decision.

(4) “Relevant partner”, in relation to a local authority, has the same meaning as in section 6.

(5) “Carer of a child” means a person who is a carer for the purposes of section 60.

Annotations:

Modifications etc. (not altering text)

C1 Pt. 1 modified (1.4.2015) by The Care and Support (Isles of Scilly) Order 2015 (S.I. 2015/642), arts. 1, 2(2)(a) (with transitional provisions in S.I. 2015/995)

C2 Pt. 1 applied in part (with modifications) (1.4.2015 coming into force in accordance with reg. 1(1)) by The Care and Support (Children's Carers) Regulations 2015 (S.I. 2015/305), regs. 1(1), 2(1)(a), 2(2), 4-12; S.I. 2015/993, art. 2(q)

Commencement Information

I9 S. 7 in force at 1.4.2015 by S.I. 2015/993, art. 2(a) (with transitional provisions in S.I. 2015/995)


Meeting needs for care etc. (E+W)


8 How to meet needs (E+W)

(1) The following are examples of what may be provided to meet needs under sections 18 to 20—

(a) accommodation in a care home or in premises of some other type;
(b) care and support at home or in the community;
(c) counselling and other types of social work;
(d) goods and facilities;
(e) information, advice and advocacy.
(2) The following are examples of the ways in which a local authority may meet needs under sections 18 to 20—

(a) by arranging for a person other than it to provide a service;
(b) by itself providing a service;
(c) by making direct payments.
(3) “Care home” has the meaning given by section 3 of the Care Standards Act 2000.

Annotations:

Modifications etc. (not altering text)

C1 Pt. 1 modified (1.4.2015) by The Care and Support (Isles of Scilly) Order 2015 (S.I. 2015/642), arts. 1, 2(2)(a) (with transitional provisions in S.I. 2015/995)

C2 Pt. 1 applied in part (with modifications) (1.4.2015 coming into force in accordance with reg. 1(1)) by The Care and Support (Children's Carers) Regulations 2015 (S.I. 2015/305), regs. 1(1), 2(1)(a), 2(2), 4-12; S.I. 2015/993, art. 2(q)

Commencement Information

I10 S. 8 in force at 1.4.2015 by S.I. 2015/993, art. 2(a) (with transitional provisions in S.I. 2015/995)


Assessing needs (E+W)


9 Assessment of an adult's needs for care and support (E+W)

(1) 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.
(2) An assessment under subsection (1) is referred to in this Part as a “needs assessment”.

(3) The duty to carry out a needs assessment applies regardless of the authority's view of—

(a) the level of the adult's needs for care and support, or
(b) the level of the adult's financial resources.
(4) A needs assessment must include an assessment of—

(a) the impact of the adult's needs for care and support on the matters specified in section 1(2) ,
(b) the outcomes that the adult wishes to achieve in day-to-day life, and
(c) whether, and if so to what extent, the provision of care and support could contribute to the achievement of those outcomes.
(5) A local authority, in carrying out a needs assessment, must involve—

(a) the adult,
(b) any carer that the adult has, and
(c) any person whom the adult asks the authority to involve or, where the adult lacks capacity to ask the authority to do that, any person who appears to the authority to be interested in the adult's welfare.
(6) When carrying out a needs assessment, a local authority must also consider—

(a) whether, and if so to what extent, matters other than the provision of care and support could contribute to the achievement of the outcomes that the adult wishes to achieve in day-to-day life, and
(b) whether the adult would benefit from the provision of anything under section 2 or 4 or of anything which might be available in the community.
(7) This section is subject to section 11(1) to (4) (refusal by adult of assessment).

Annotations:

Modifications etc. (not altering text)

C1 Pt. 1 modified (1.4.2015) by The Care and Support (Isles of Scilly) Order 2015 (S.I. 2015/642), arts. 1, 2(2)(a) (with transitional provisions in S.I. 2015/995)

C2 Pt. 1 applied in part (with modifications) (1.4.2015 coming into force in accordance with reg. 1(1)) by The Care and Support (Children's Carers) Regulations 2015 (S.I. 2015/305), regs. 1(1), 2(1)(a), 2(2), 4-12; S.I. 2015/993, art. 2(q)

Commencement Information

I11 S. 9 in force at 1.4.2015 by S.I. 2015/993, art. 2(a) (with transitional provisions in S.I. 2015/995)


10 Assessment of a carer's needs for support (E+W)

(1) Where it appears to a local authority that a carer may have needs for support (whether currently or in the future) , the authority must assess—

(a) whether the carer does have needs for support (or is likely to do so in the future) , and
(b) if the carer does, what those needs are (or are likely to be in the future).
(2) An assessment under subsection (1) is referred to in this Part as a “carer's assessment”.

(3) “Carer” means an adult who provides or intends to provide care for another adult (an “adult needing care”) ; but see subsections (9) and (10).

(4) The duty to carry out a carer's assessment applies regardless of the authority's view of—

(a) the level of the carer's needs for support, or
(b) the level of the carer's financial resources or of those of the adult needing care.
(5) A carer's assessment must include an assessment of—

(a) whether the carer is able, and is likely to continue to be able, to provide care for the adult needing care,
(b) whether the carer is willing, and is likely to continue to be willing, to do so,
(c) the impact of the carer's needs for support on the matters specified in section 1(2) ,
(d) the outcomes that the carer wishes to achieve in day-to-day life, and
(e) whether, and if so to what extent, the provision of support could contribute to the achievement of those outcomes.
(6) A local authority, in carrying out a carer's assessment, must have regard to—

(a) whether the carer works or wishes to do so, and
(b) whether the carer is participating in or wishes to participate in education, training or recreation.
(7) A local authority, in carrying out a carer's assessment, must involve—

(a) the carer, and
(b) any person whom the carer asks the authority to involve.
(8) When carrying out a carer's assessment, a local authority must also consider—

(a) whether, and if so to what extent, matters other than the provision of support could contribute to the achievement of the outcomes that the carer wishes to achieve in day-to-day life, and
(b) whether the carer would benefit from the provision of anything under section 2 or 4 or of anything which might be available in the community.
(9) An adult is not to be regarded as a carer if the adult provides or intends to provide care—

(a) under or by virtue of a contract, or
(b) as voluntary work.
(10) But in a case where the local authority considers that the relationship between the adult needing care and the adult providing or intending to provide care is such that it would be appropriate for the latter to be regarded as a carer, that adult is to be regarded as such (and subsection (9) is therefore to be ignored in that case).

(11) The references in this section to providing care include a reference to providing practical or emotional support.

(12) This section is subject to section 11(5) to (7) (refusal by carer of assessment).

Annotations:

Modifications etc. (not altering text)

C1 Pt. 1 modified (1.4.2015) by The Care and Support (Isles of Scilly) Order 2015 (S.I. 2015/642), arts. 1, 2(2)(a) (with transitional provisions in S.I. 2015/995)

C2 Pt. 1 applied in part (with modifications) (1.4.2015 coming into force in accordance with reg. 1(1)) by The Care and Support (Children's Carers) Regulations 2015 (S.I. 2015/305), regs. 1(1), 2(1)(a), 2(2), 4-12; S.I. 2015/993, art. 2(q)

Commencement Information

I12 S. 10 in force at 1.4.2015 by S.I. 2015/993, art. 2(a) (with transitional provisions in S.I. 2015/995)