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Focus on Brain Injury

The Care Act 2014

The Care Act 2014 largely came into force in April 2015 and it is seen by many as the most significant piece of legislation affecting social care for years. The old system was seen as outdated and unclear, whilst the Care Act 2014 contains some key new duties, including overriding “principles” which must be adhered to. The key principles are as follows: 

  • Wellbeing principle.
  • Preventing the need for care and support.
  • Integration of care and support with health services.
  • Information and advice.
  • Diversity and quality of services. 

The Local Authority is under an obligation to assess an individual if they appear to have needs for care and support. The threshold of “appear” is quite low and no formal request for an assessment is required. The assessment must be person centred and holistic and it must take into account the views and wishes of the individual. 

To be entitled to care and support from the Local Authority, the need must arise from or be related to a physical or mental impairment or illness. As a result of the needs, the adult must be unable to achieve two or more of the “specified outcomes” and as a consequence, there is, or there is likely to be, a significant impact of the adult’s well-being.

There is now a duty to assess carers on the appearance of need. The Local Authority should consider a carer’s needs arising as a consequence of providing necessary care for an adult.

If you would like any further information on the Care Act 2014, and to view the Care Act fact sheet and template newsletters, please visit: www.irwinmitchell.com/the-care-act

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