Vulnerable adults
The law states that a local authority should carry out an assessment of
individuals needs for services, where it appears to the local authority that any
person may be in need of such services. This means that individuals do not have
to specifically request an assessment. Rather if the individual’s circumstances
have come to the attention of the authority, and the individual falls into a
client group that may require services e.g. they are disabled, elderly or ill
and may benefit from the provision of services the local authority should carry
out an assessment. Temporary services should be provided if needed whilst the
assessment is carried out.
Charges for adult services
The law relating to charges for community care, domiciliary, and residential
services is complex as it has evolved piecemeal over the last 45 years. Social
services are under a general duty to charge individuals for whom they provide
residential or nursing home accommodation. There is no equivalent obligation to
charge for non-accommodation community care services. Instead authorities have a
general discretion to charge for such services. Services provided under the
Chronically Sick and Disabled Persons Act 1970, should be provided free of
charge. These services include practical assistance in the home; the provision
of a radio TV, etc; and the provision of recreational/educational facilities.
Children in need
Children who are carers, disabled, or are ‘in need’, should be assessed by
the local authority. The Children Act 1989 defines a ‘child in need’, as one who
is:
- unlikely to achieve or maintain a reasonable standard of health and
development unless services are provided for them, or
- their health will be significantly impaired unless services are provided for
them; or
- disabled
Following the assessment, the local authority should determine the range of
services it will provide. These obligations continue until the child becomes 18.
Charges for children’s services
Local authorities are entitled to charge for domiciliary and community-based
services as they see fit. However they must not levy charges if the family is in
receipt of income support, or tax credits. Local authorities are probably not
entitled to charge for services provided under the Chronically Sick and Disabled
Persons Act 197