What is the process for obtaining social care? The process of seeking care and support can be a daunting one and it is common for people to have questions during this journey such as: Where do you start? Who is responsible for arranging care? What obligations are there on social services? Will there be a choice of support? How much will it cost and who will pay? If you need support, or if you are a relative, attorney or deputy acting on behalf of someone who needs support, we can guide you through the process. How will my needs be determined? The starting point for obtaining care and support is social services at your local authority. The local authority’s duties are governed by a piece of legislation called the Care Act 2014, although there are various separate regulations. The Care Act provides for the circumstances when a local authority is under a duty to assess an adult’s needs for care and support and what such an assessment must include. Will I be eligible for care? Even if a person is assessed to have care and support needs, there are still two hurdles to overcome; firstly, a local authority is only obliged to meet those needs if they are “eligible” needs; and secondly, even if it’s established that a person has eligible needs, a person is not automatically entitled to provision of care and support services by the local authority, as various factors must still be met. How will the local authority meet the needs? If the local authority decides to provide care and support, the next decision will concern what should be provided to meet that person’s needs. This can include things like accommodation in a care home, care at home, counselling, advice etc. The local authority has wide discretion as to what service(s) would best meet the person’s needs. The local authority will have a budget for meeting the cost of the person’s needs and it can choose the cheapest option if this would be the best way of meeting the needs. The level of discretion is a potential source of contention, as the service the local authority provides may not necessarily be the adult’s preference. What will the care cost? The local authority will carry out a financial assessment to determine whether the person is liable to pay the full cost of their care, or a contribution towards the cost. This assessment is usually carried out concurrently with the assessment for care and support needs and the local authority should not seek contribution towards the cost of care until the person is in receipt of the service they have been assessed to require. A person is entitled to a financial assessment regardless of the value of their estate. Care must be taken to complete the assessment as fully as possible and to draw the local authority’s attention to any specific circumstances. A person should not be presumed to be liable for the full cost of their care based on the value of their assets as there are numerous assets where the value should be “disregarded” for a financial assessment. How can Morr & Co help? Morr & Co can assist you with advice at all stages of the journey to obtaining social care, including advice relating to: Disputing the outcome of a care and support needs assessment where a person is found not to have care and support needs. A local authority’s refusal to carry out a care and support needs assessment. A dispute as to whether a person has eligible needs. Challenging entitlement to care and support where a local authority has declined to provide services. Disputing what service is to be provided to best meet a person’s needs. Challenging the budget allocated to meet the cost of a person’s care where this does not meet the person’s needs. Treatment of assets in a financial assessment. If you would like advice regarding any of these matters, please contact Alice Watkins who is an Associate Solicitor in our Court of Protection department. Disclaimer Although correct at the time of publication, the contents of this newsletter/blog are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position. Authored by Alice Watkins Associate Solicitor Message Tags Insights On this page Contact our team today to find out more Contact us
