Amendments
May 2024
| Updated Chapters | |
| Chapter Name | Details |
| Assessment of Financial Resources | A scope box has been added to this chapter to remind users that the information it contains reflects the Care Act and not local policy, particularly in relation to the charging of carers and other circumstances where the local authority has discretion. Following recent Ombudsman decisions, need to know boxes hav ebeen also added to Section 6, Financial Assessment of People in a Care Home and Section 7, Financial Assessment of People Living in the Community or Other Setting. |
| Understanding what Transition is | This chapter has been refreshed following a legal review. |
| Legal Requirements of a Child’s Needs Assessment | This chapter has been refreshed following a legal review. |
| Legal Requirements of a Young Carer’s Assessment | This chapter has been refreshed following a legal review. |
| Legal Requirements of a Child’s Carer’s Assessment | This chapter has been refreshed following a legal review. |
| Carrying out a Transition Assessment | This chapter has been refreshed following a legal review. |
| Transition Planning and Review | This chapter has been refreshed following a legal review. |
March 2024
| Updated Chapters | |
| Chapter Name | Details |
| The National Eligibility Criteria | Section 1, What is the National Eligibility Criteria has been updated to include information from the Care and Support statutory guidance about establishing whether the person's needs arise from a physical or mental impairment or illness. |
| Duties and Powers to meet Care and Support Needs | This chapter has been refreshed following a legal review. |
| Duties and Powers to meet Carer's Support Needs | This chapter has been refreshed following a legal review. |
| How Needs Can Be Met | This chapter has been refreshed following a legal review. |
| The Personal Budget | This chapter has been refreshed following a legal review. |
| The Care and Support Plan | This chapter has been refreshed following a legal review. |
| The Support Plan | This chapter has been refreshed following a legal review. |
| Direct Payments | This chapter has been refreshed following a legal review. |
| The Duty to Review | This chapter has been refreshed following a legal review. |
| Carrying out the Review | This chapter has been refreshed following a legal review. |
| Revisions to a Care and Support or Support Plan | This chapter has been refreshed following a legal review. |
February 2024
| Updated Chapters | |
| Chapter Name | Details |
| The Purpose of Assessment | This chapter has been refreshed following a legal review. |
| Legal Requirements of a Needs Assessment | This chapter has been refreshed following a legal review. |
| Legal Requirements of a Carers Assessment | This chapter has been refreshed following a legal review. |
| The Duty to Provide an Independent Advocate | This chapter has been refreshed following a legal review. |
| Carrying Out an Assessment | This chapter has been refreshed following a legal review. |
| The National Eligibility Criteria | This chapter has been refreshed following a legal review. |
| Identifying and Reporting Abuse and Neglect | A link to the Social Care Institute for Excellence (SCIE) webpage ‘types and indicators of abuse’ has been added as additional information and guidance. |
January 2024
| Updated Chapters | |
| Chapter Name | Details |
| Power of the Local Authority to Charge | A legal review of this chapter has been carried out. Following the review, all sections have been refreshed. |
| Assessment of Financial Resources | A legal review of this chapter has been carried out. Following the review, all sections have been refreshed. |
| Deferred Payment Agreements and Alternative Financial Arrangements | A legal review of this chapter has been carried out. Following the review, all sections have been refreshed. |
| Deprivation of Assets and Enforcement of Debts | A legal review of this chapter has been carried out. Following the review, all sections have been refreshed. |
| Commissioning Responsibilities under the Care Act | A legal review of this chapter has been carried out. Following the review, all sections have been refreshed. |
| New Chapters and Features | |
| Chapter Name | Details |
| Choice of Accommodation and Topping Up | This new chapter has been added. Information has been previously located in the chapter ‘Assessment of Financial Resources’. |
November 2023
| Updated Chapters | |
| Chapter Name | Details |
| Ordinary Residence | A legal review of this chapter has been carried out. This resulted in minor text amends throughout to add clarity where required. |
| Continuity of Care when a Person Moves | A legal review of this chapter has been carried out. This resulted in text amends to Section 1, Continuity of Care Arrangements to clarify that when the type of accommodation being provided is that specified in the Deeming Provisions (Section 39 of the Care Act), Continuity of Care Arrangements do not apply. |
| Cross Border Placement | A legal review of this chapter has been carried out. This resulted in minor text amends to clarify that Cross Border Placement arrangements are set out in Schedule 1 of the Care Act 2014. |
| The Response to a Concern about Abuse or Neglect | Text amends have been made to provide greater clarity on the different types of enquiry (statutory and non-statutory/discretionary), the duties around Safeguarding Plans and information about risk outcomes. |
September 2023
| Updated Chapters | |
| Chapter Name | Details |
| Links to Legislation, Regulations and Statutory Guidance | A link to ‘Proportional assessment approaches: a guide from the Chief Social Worker for Adults and principal social workers’ has been added to the section ‘Links to Legislation, Regulations and Statutory Guidance’. This is a supplementary guide to the Care Act 2014 and the Care and Support Statutory Guidance. |
| Power of the Local Authority to Charge | Section 3, How much can a Person be charged? has been updated to include a reference to the Norfolk case. |
August 2023
| Updated Chapters | |
| Chapter Name | Details |
| Ordinary Residence | The Ordinary Residence chapter has been updated to reflect the Supreme Court judgement R (Worcestershire County Council) v Secretary of State for Health and Social Care [2023] UKSC 31. |
July 2023
| Updated Chapters | |
| Chapter Name | Details |
| Carrying Out an Assessment | Section 2, Who Should Carry Out the Assessment? has been updated to include the requirement for Oliver McGowan Training for all CQC registered providers. |
| Various | All references to ‘Telecare’ have been changed to ‘Technology Enabled Care (TEC)’. |
June 2023
| Updated Chapters | |
| Chapter Name | Details |
| Identifying and Reporting Abuse and Neglect | In Section 1, Categories of Abuse and Neglect, Domestic Violence has been changed to Domestic Abuse, and the definition updated in line with the Domestic Abuse Act 2021. |
| When Safeguarding Duties Apply | A new section has been added ‘Safeguarding Carers’. |
May 2023
| Updated Chapters | |
| Chapter Name | Details |
| Ordinary Residence | This chapter has been fully reviewed to provide added clarity about the stage at which ordinary residence should be established, and to include information about the Worcestershire case relating to ordinary residence and section 117. |
April 2023
| Updated Chapters | |
| Chapter Name | Details |
| Legal Requirements of a Child’s Needs Assessment | This chapter has been fully reviewed and refreshed. |
| Legal Requirements of a Young Carer’s Assessment | This chapter has been fully reviewed and refreshed. |
| Preventing Needs for Care and Support | Following customer feedback, a small text amend has been made to Section 4, to increase the scope of the secondary prevention examples used. |
March 2023
| Updated Chapters | |
| Chapter Name | Details |
| Providing Information and Advice | The date relating to the Cap on Care costs has been changed from 2020 to 2025 in line with revised timescales. |
| Deprivation of Assets and Enforcement of Debts | This chapter has been fully reviewed and refreshed |
January 2023
| Updated Chapters | |
| Chapter Name | Details |
| The Response to a Concern about Abuse or Neglect | After feedback from customers, the following text has been removed form Section 2 to ensure clarity that enquiries are not always formal S42 enquiries: “The duty to make (or cause to be made) a formal safeguarding Enquiry is section 42 of the Care Act. Whenever a document or person refers to section 42 of the Care Act they are referring to the duty to make (or cause to be made) a formal safeguarding Enquiry, even if they do not specifically use that phrase.” |
| Safeguarding Adult Boards | Regarding producing a report following a SAR, the word ‘formal’ has been removed to reflect current best practice around the different ways that reports can be produced. |
October 2022
| Updated Chapters | |
| Chapter Name | Details |
| Various | All occurrences of Clinical Commissioning Groups/CCGs have been replaced with Integrated Care Boards/ICBs. This change was made to reflect changes introduced by the Health and Care Act 2022. This change affected multiple chapters. |
September 2022
| Updated Chapters | |
| Chapter Name | Details |
| Carrying out the Review | This chapter has been revised to better clarify the statutory requirements around the frequency in which Care and Support / Support Plans should be reviewed. |
| Deprivation of Assets and Enforcement of Debts | A link to Local Government and Social Care Ombudsman guidance for practitioners on the deprivation of capital has been added. This was published in August 2022. |
July 2022
| Updated Chapters | |
| Chapter Name | Details |
| Cap on Care Costs | This chapter has been updated to include the revised operational guidance, which was published on the 7th July 2022 following a period of consultation. |
June 2022
| Updated Chapters | |
| Chapter Name | Details |
| The Duty to Review | Section 2, The Purpose of Review has been revised for added clarity around the purpose of a review, particularly the limitations around revising a personal budget. |
January 2022
| Updated Chapters | |
| Chapter Name | Details |
| Cap on Care Costs | This chapter has been updated to reflect new proposals announced in the Policy paper: Build Back Better: Our Plan for Health and Social Care. |
July 2021
| Updated Chapters | |
| Chapter Name | Details |
When General Responsibilities Apply Legal Requirements of a Needs Assessment Legal Requirements of a Carers Assessment The Duty to Provide an Independent Advocate Carrying Out an Assessment The National Eligibility Criteria Duties and Powers to meet Care and Support Needs Duties and Powers to meet Carer's Support Needs The Personal Budget The Care and Support Plan The Support Plan The Duty to Review Carrying out the Review Revisions to a Care and Support or Support Plan Power of the Local Authority to Charge Assessment of Financial Resources Understanding what Transition is Legal Requirements of a Child's Needs Assessment Legal Requirements of a Young Carer's Assessment Legal Requirements of a Child's Carer's Assessment Carrying out a Transition Assessment Transition Planning and Review Continuity of Care when a Person Moves Protecting Property of Adults being Cared for Away from Home |
The scope boxes added to a range of chapters in April 2020 have all been removed. This change has been made because all of the associated easements under the Coronavirus Act 2020 have been removed by the Coronavirus Act 2020 (Early Expiry) Regulations, which came into force on the 16th July 2021 |
April 2020
| Updated Chapters | |
| Chapter Name | Details |
When General Responsibilities Apply Legal Requirements of a Needs Assessment Legal Requirements of a Carers Assessment The Duty to Provide an Independent Advocate Carrying Out an Assessment The National Eligibility Criteria Duties and Powers to meet Care and Support Needs Duties and Powers to meet Carer's Support Needs The Personal Budget The Care and Support Plan The Support Plan The Duty to Review Carrying out the Review Revisions to a Care and Support or Support Plan Power of the Local Authority to Charge Assessment of Financial Resources Understanding what Transition is Legal Requirements of a Child's Needs Assessment Legal Requirements of a Young Carer's Assessment Legal Requirements of a Child's Carer's Assessment Carrying out a Transition Assessment Transition Planning and Review Continuity of Care when a Person Moves Protecting Property of Adults being Cared for Away from Home |
Scope boxes have been added to a range of chapters indicating how the easements under the Coronavirus Act 2020 impact on the Care Act. This is a temporary change and the resource will revert back when the current crisis is over. |
August 2019
| Updated Chapters | |
| Chapter Name | Details |
| Direct Payments | Section 4, Needs that may not be met by a Direct Payment has been updated to add clarity to the 4 consective week rule. |