11 King's Bench Walk
2 Experts
3 Contributions by 11 King's Bench Walk Experts
PRACTICE NOTES
Alternative care
People with care and support needs can receive assistance from family members, friends and other relatives as part of a holistic package tailored to meet those needs. This support may sit alongside, or even replace, help from the local authority (LA). Where LAs consider that an adult may have eligible care and support needs, they must carry out an assessment to determine whether such needs are present, and the nature of the support required. In R (on the application of Antoniak) v Westminster City Council, the High Court clarified the meaning of ‘needs’ within Part 1 of the Care Act 2014 (CA 2014). When conducting a needs assessment under CA 2014, the exercise is to assess an individual’s needs without reference to the help and support they already receive. A need that is currently met is nevertheless still a ‘need’. See News
Local Government
PRACTICE NOTES
A local authority is under a duty to properly arrange a placement in an adult’s preferred accommodation for anyone assessed as having eligible care and support needs, provided specific qualifying conditions are satisfied. Where the authority does so, the adult may, following an assessment of their income and capital, have to contribute towards the overall ongoing placement costs. An individual can be accommodated in a setting that is a care home, whether either licensed or unlicensed. If an older or vulnerable person needs a high level of support from the local authority, a residential care home may be the most appropriate option.
Definition of a local authority care home
A local authority care home in England provides accommodation together with personal or nursing care, including emotional or psychiatric care, for people who:
are or have been ill
have or have had a mental
Local Government
PRACTICE NOTES
Individuals requiring care and support might have to relocate to accommodation better suited to their needs and circumstances. With appropriate assistance from the local authority, some may remain in their own accommodation instead. The Care and support statutory guidance confirms that ‘independent living’ sits at the heart of ‘promoting wellbeing’, which is the Care Act’s primary purpose. Enabling people to live as autonomously as possible, for as long as possible, is a fundamental principle of the Care Act 2014 (CA 2014)...
Community care assessments
A local authority is obliged to assess the needs of any adult it believes may require care and support. Authorities are expected to apply a low threshold when deciding whether to undertake assessments in the first place. After completing an assessment, the authority must consider it in full and decide which services, if any, are needed to meet the person’s needs. Where an
Local Government
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