The Assessment
To decide on which needs will be met and what services are best suited to meet those needs, it is firstly necessary to establish what care needs a person has. This is done through an assessment process, which could take the form of several meetings, investigations by whomever carries out the assessment into a person’s educational, health, social care needs etc. The assessment should be fully comprehensive and ultimately, be put into written form, which should be provided to the person the assessment was about and if requested, carers and legal representatives.
The Right to an Assessment
It is not optional for a Community Care Assessment to be carried out, if the Local Authority is aware of the appearance of a need for services, it must take place.
The right to an assessment is provided for by law and is an enforceable right.
The National Health Service and Community Care Act 1990 provides at s.47(1) that:
- Subject to subsections (5) and (6) below, where it appears to a local authority that any person for whom they may provide or arrange for the provision of community care services may be in need of such services, the authority –
- shall carry out an assessment of his needs for those services; and
- having regard to the results of that assessment, shall decide whether his needs call for the provision by them of any such services”
It is unlawful for a local authority to refuse to carry out an assessment on the basis that the person is unlikely to qualify for or be eligible for any services. The duty to assess is triggered by an appearance of a need for services. If the local authority believes the person will not be eligible for services an assessment must be carried out to establish this, and a decision made to the effect that no eligible care needs were identified.
The duty to assess is even triggered where the individual objects, or has no capacity to request or agree to an assessment.
A refusal by a local authority to carry out an assessment can be challenged in law, via Judicial Review, or via the complaints process, either internally through Social Services or externally to the Ombudsman.
Do I have too Much Money?
An individual’s finances are not relevant to whether or not they should have a Community Care Assessment, only to whether they might have to pay towards the costs of services that the assessment identifies are needed. Cost cannot be a factor that affects how detailed the assessment is or how it takes place.
Do I Have to Ask for an Assessment?
If a person is not already known to Social Services, the NHS or any department of the Local Authority then they may have to ask for an assessment. However, they do not have to request an assessment, and one should be carried out, provided that:
- their circumstances have come to the knowledge of the local authority; and
- they may be in need of community care services
When Can I have an Assessment?
Sometimes an assessment will take place automatically, for example before the decision is taken to discharge a person from hospital, when a person is nearing the end of a period of intermediate care, or when a person is admitted to residential accommodation.
If a person feels they are in need of care services and do not think an assessment has not taken place, they can simply notify the local department of Social Services and an assessment should be arranged. If they are in hospital there will be a Social Services department on site.
Next: The Assessment Process