Care Act 2014

Resumen

The Care Act 2014 is the principal legislation governing adult social care in England. It replaced over 60 pieces of previous legislation with a single consolidated framework and placed the individual's wellbeing at the centre of the system for the first time. Part 1 imposes a duty on local authorities to promote the wellbeing of adults with care needs and their carers (s.1) and to carry out a needs assessment for any adult who appears to need care and support, regardless of their financial resources (s.9). Where needs meet the national eligibility criteria set under section 13 and the Care and Support (Eligibility Criteria) Regulations 2015 (SI 2015/313), the local authority must meet those needs. The Act introduced a new national minimum threshold, replacing the previous Fair Access to Care Services (FACS) framework. It strengthened carers' rights, giving carers a standalone right to a carer's assessment and to have their eligible needs met for the first time. On safeguarding, section 42 imposes a duty to make enquiries where an adult with care and support needs is at risk of abuse or neglect, and section 43 established Safeguarding Adults Boards on a statutory footing. The Act also established a framework for portability of assessments when adults move between local authority areas, and required local authorities to establish and maintain a market for care services. Part 2 contains provisions for a cap on care costs (set at £86,000 for people aged 25 and over), which has not yet been brought into force.

Puntos clave

• Wellbeing principle (s.1) — a local authority must promote the individual's wellbeing when carrying out a care and support function; wellbeing includes physical and mental health, personal dignity, protection from abuse, control over day-to-day life, participation in work, education and recreation, and domestic, family, and personal relationships
• Preventing needs (s.2) — local authorities must provide or arrange services, facilities, or resources to prevent, reduce, or delay the development of care needs; duty owed to all adults in the area, not only those with assessed eligible needs
• Needs assessment (s.9) — a local authority must carry out a needs assessment for any adult who appears to it to have or may have needs for care and support; the duty applies regardless of whether the authority thinks the person has eligible needs or sufficient financial resources
• National eligibility criteria (s.13; SI 2015/313) — an adult's needs meet the eligibility threshold if they arise from a physical or mental condition, the adult is unable to achieve two or more of the specified outcomes, and there is a significant impact on the adult's wellbeing; outcomes include managing nutrition, personal hygiene, toilet needs, getting dressed, being safe at home, and maintaining relationships
• Carers' rights — a carer has a right to a carer's assessment (s.10) where the local authority must have regard to the carer's wellbeing, wishes, and feelings; where a carer's needs are eligible under s.10(7) the local authority must meet those needs
• Personal budgets and direct payments (ss.26, 31–33) — where a local authority must meet needs it must provide a personal budget statement; adults with capacity may request direct payments to arrange their own care from providers of their choice
• Safeguarding (ss.42–43) — local authority must make enquiries or cause enquiries to be made where it has reasonable cause to suspect an adult with care and support needs is experiencing or at risk of abuse or neglect; Safeguarding Adults Boards placed on a statutory footing
• Ordinary residence (ss.39–41) — rules determine which local authority is responsible for meeting needs; disputes resolved by the Secretary of State; portability provisions allow assessments to be recognised when an adult moves

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