Care Act 2014
What is the Care Act 2014?
The Care Act 2014 is an important piece of legislation that is aimed at putting an individual’s well-being at the heart of the assessment and decision-making process. The Care Act 2014 places a duty on Local Authorities to encourage well-being and protect individuals with care and support needs from neglect, abuse, and other ill-treatment. Rather than categorising an individual’s case, the Care Act 2014 ensures that the Local Authority considers what is important to the individual and how they can achieve an outcome that promotes their well-being.
Before making any decisions about the provision or reduction in services such as a care package, the Care Act 2014 places a duty on the Local Authority to undertake an assessment of the individual's needs.
In the sad event of a loved one falling ill, many people find it difficult to know where to turn. In many cases, an individual in need or their carer who reaches out to the Local Authority or other agencies for support can be met with a significant delay. The Care Act 2014 aims to prevent, reduce or delay an individual’s needs for care and support, placing emphasis on quick intervention and support for the person in need and their carer.
Key principles under the Care Act 2014
- An assumption that the individual is best placed to judge their own wellbeing and assumptions should not be made by the Local Authority about what matters most to the person.
- Consideration of an individual’s views, wishes, feelings, and beliefs are critical and the Local Authority should not downplay a person’s own opinions.
- Preventing or delaying development of needs for care and support or reducing needs that already exist.
- Decisions made considering all the individual’s circumstances and not make judgments based on preconceptions.
- Participating as much as possible and being provided with information and support to enable participation.
- A balance between the well-being of the individual and their carer by helping them access information and support.
- Protection from abuse and neglect.
- Minimal restriction on rights or freedoms and the least restrictive solution applied.
For further information on the Care Act 2014, or to speak to one of our Community Care law solicitors today please contact us on 01622 541 054 or fill in our enquiry form.
Useful links
Care Act 2014 - www.legislation.gov.uk
The government’s statutory guidance under the Care Act 2014 - www.gov.uk/government
Eligibility for care and support criteria Regulations under the Care Act 2014 - www.legislation.gov.uk
Information on paying for care - www.ageuk.org.uk
Care Act 2014 Charging and Assessment Regulations 2014– www.legislation.gov.uk
NHS Continuing Care Assessments and Support - www.nhs.uk