Challenging Care & Support Decisions | Care Act 2014
On 1 April 2015, the Care Act 2014 overhauled the English social care system and changed almost every aspect relating to the provision of care and support to people with disabilities and older people with support needs. The Care and Support Statutory Guidance sets out the provisions of the Care Act and associated regulations in an easily accessible format.
It may be useful to refer to our list of Abbreviations Used in Community Care Law and Abbreviations Used in SEN and Disability Law.
The Care Act introduced:
- National minimum eligibility criteria – a national level of care and support needs which must be met by all Social Services
- More support and access to services for carers
- Safeguarding duties towards adults at risk
- Cooperation duties between Social Services and other professional bodies such as the NHS
- Mandatory Deferred Payment Agreements so nobody should have to sell their home in their lifetime to pay for their care
The Care Act also incorporated existing duties, such as Social Services’ duty to complete care and support needs assessments and care plans, and to commission services to meet eligible needs. The Local Authority’s failure to comply with any of their Care Act duties can be challenged by using the complaints system or judicial review in the High Court. We support many clients to obtain or increase their care funding by means of a Care Act challenge.
Will there be a cap on what we pay for our care?
Since the government U-turn on the £72,000 lifetime cap on care fees, the government has repeatedly promised a white paper containing their proposals for improving social care, including changes to the main rules for paying for care. This has since been downgraded to a green paper. Arguably a backwards step, this will at least give people the opportunity to join the consultation process on what future health and social care provision should look like.
Contact us today to speak to a specialist in Community Care Law on 01273 609911, or email info@ms-solicitors.co.uk.
