The Care Act

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The Care Act 2014 details laws for adults in need of care and support, and their adult carers.

For example, the Care Act outlines how local authorities must carry out carers’ assessments and needs assessments for the cared-for person. It covers how local authorities should determine who is eligible for support, and how they should charge for residential and community care. It also covers all other local authority obligations to unpaid carers and those that need care.

The Care Act also provides some provisions for children in need of care and support as they move to adult services, parent carers and some younger carers (although these are mostly covered by the Children and Families Act 2014 – www.legislation.gov.uk/ukpga/2014/6/contents/enacted).

Parts of the Care Act may help you to understand your rights as a carer and may help if you want to appeal a decision that has been made about support you have been offered as a carer. However, you don’t need to read or understand the whole Act. Your local carer organisation will be able to advise you about what is relevant to your situation.

Carers’ assessments

The Care Act states that you are entitled to a carers’ assessment when you appear to have needs for support (whether currently or in the future). You will be entitled to support if you meet the national eligibility criteria, which includes:

Whether the carer is able, and is likely to continue to be able, to provide care for the adult needing care.
Whether the carer is willing, and is likely to continue to be willing, to do so.
The impact caring is having on the carer’s wellbeing.
The outcomes that the carer wishes to achieve in day-to-day life, and whether, and if so to what extent, the provision of support could contribute to the achievement of those outcomes.
Whether the carer would benefit from the provision of specific services or of anything which might be available in the community.

You can find out more about carers’ assessments here – https://carersupportwiltshire.co.uk/information-hub/carer-assessments

Wellbeing

The Care Act places a general duty on local authorities to promote an individual’s ‘wellbeing’. Wellbeing can relate to:

Personal dignity (including treatment of the individual with respect).
Physical and mental health and emotional wellbeing.
Protection from abuse and neglect.
Control by the individual over day-to-day life (including over care and support provided to the individual and the way in which it is provided).
Participation in work, education, training or recreation.
Social and economic wellbeing.
Domestic, family and personal relationships.
Suitability of living accommodation.
The individual’s contribution to society.

Charging for care and support

The Care Act grants local authorities the right to charge for certain care and support services, with exemptions for services mandated to be free, such as reablement services or equipment and minor home adaptations.

The local authority should conduct a financial assessment, guided by regulations and transparent procedures and ensure that individuals retain a specified amount for their personal needs.

Downloadable factsheets

These factsheets go into more detail about the Care Act.

Factsheet 1 – general responsibilities of local authorities – prevention, information and advice, and shaping the market of care and support services – https://carersupportwiltshire.co.uk/app/uploads/2024/02/Care-Act-Factsheet-1.docx

Factsheet 2 – assessing needs and determining eligibility – https://carersupportwiltshire.co.uk/app/uploads/2024/02/Care-Act-Factsheet-2.docx

Factsheet 3 – personalising care and support planning – https://carersupportwiltshire.co.uk/app/uploads/2024/02/Care-Act-Factsheet-3.docx

Factsheet 4 – charging and financial assessments – https://carersupportwiltshire.co.uk/app/uploads/2024/02/Care-Act-Factsheet-4.docx