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©Research in Practice September 2022
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The Care Act 2014 emphasises the importance
of the adult or carer choosing who should be
involved (Part 1, section 9 and section 10). There
is a duty to provide independent advocacy
where this is needed (Part 1, section 67). This
could include relatives, friends, neighbours,
representatives from other agencies or anyone
who is important to that person.
A local authority may carry out a needs
assessment or carer’s assessment with another
agency (Part 1, section 12). Local authorities
may also assess young people, young carers and
carers of young people who are approaching
18 years of age (Part 1, sections 58-66). The
statutory guidance (DHSC, 2021a) emphasises
that the advocacy duty also applies to children
who are approaching the transition to adult care
and support, when a child’s needs assessment
is carried out, and when a young carer’s
assessment is undertaken.
People have the right to refuse an assessment
(Part 1, section 11). However, assessment should
still be done if the person lacks capacity, or they
are experiencing or at risk of abuse or neglect.
Following the assessment, there is an eligibility
determination (Part 1, section 13), and duties
and powers to meet needs (Part 1, sections 18–
20). The local authority has a duty to ensure that
eligible needs are met, subject to considerations
in relation to residency and immigration status,
needs that are already being met, and choice.
There are national eligibility criteria that give
the threshold for eligible needs. These are based
on meeting three conditions:
> Having needs (because of a physical or
mental impairment or illness).
> Not being able to achieve outcomes in
areas that are specified in section 3 (1) of
the Care Act 2014 (including because the
person needs assistance or it causes pain,
harm or impacts on other areas of well-
being to do so).
> There being a significant impact on their
wellbeing.
The outcomes for adults include personal care,
relationships, occupation and access to services.
The decision on eligibility is made without
reference to what the carer is willing and able
to do, though care and support planning will
include consideration of what the carer is doing.
For carers, eligibility focuses on not being able
to achieve specified outcomes and / or the
consequences or impact of providing care for an
adult, that result in a deterioration of the carer’s
‘physical or mental condition’.
The assessor therefore needs to work with the
individual to understand how needs may be
stopping them achieving outcomes and if there
is significant impact as a result.
Once eligibility has been determined, it is
necessary to identify how eligible needs could
be met. This depends on, firstly, the person’s
ordinary residence and immigration status as
these may be reasons why the local authority
may not meet needs. Secondly, there is a
determination about whether the person wants
the local authority to meet their needs, whether
any needs are already being met, and whether
any services that may be provided are ones
that the local authority charges for. The local
authority can also decide whether it wishes to
use its power to meet any non-eligible needs
(Feldon, 2017).
People whose needs are going to be met by the
local authority will then move onto the next
stage of care and support planning, including
finalising a financial assessment for any financial
contribution from the adult or carer. Care and
support planning includes setting out the
personal budget – the amount of money that the
local authority determines is required to meet
needs. People must be told during the planning
process what needs could be met by a direct
payment, and if the individual requests a direct
payment, they are entitled to receive this if the
criteria are met (Feldon, 2017).
Context of assessment
in adult social care