The Act gives Local Authorities a duty to carry out an assessment in order to determine whether an adult has needs for care and support.
An assessment is how a Local Authority decides whether a person needs care and support to help them live their day-to-day life.
The assessment must be carried out by an appropriately trained assessor who will consider a number of factors, such as:
- The assessment must be provided to all people who appear to need care and support, regardless of their finances or whether the local authority thinks they are eligible
- The assessment must be of the adults needs and how they impact on their well being, and the outcomes they want to achieve
- The assessment must be carried out with the involvement from the adult and their carer or someone else they nominate. The adult may need an independent advocate provided by the local authority to help them with the assessment process.
National eligibility criteria
The Act introduces new national minimum eligibility criteria for care and support to ensure that people with similar needs have the same eligibility for support, regardless of where they live. A person will be entitled to care and support if all of the following apply:
- The adult’s needs arise from or are related to a physical or mental impairment or illness
- As a result of these needs, the adult is unable to achieve two or more specified outcomes
- As a consequence, there is or is likely to be a significant impact on the adult’s wellbeing
Care and support planning should also focus on outcomes to improve a person’s wellbeing and prevent or reduce needs.
It should be developed with the person involved and if they consent, should cover the whole family. Individuals will have a right to a personal budget and direct payment.