Community Care Assessments under the Care Act 2014 and the Children Act 1989

Local authorities have duties to assess adults under the Care Act 2014 for community care support where there is “the appearance of need”. A similar duty arises under section 17 of the Children Act 1989 where local authorities are under a duty to promote the welfare of “children in need” in their area.  Section 17 of the Children Act does not impose a duty to provide support services to every individual child in need but there are obligations on local authorities under section 2 of the Chronically Sick and Disabled Person’s Act 1970 to provide services to individual children and that can only happen when there has been an appropriate assessment.  The threshold to trigger an assessment is very low. 

At MJC Law we may be able to help if:

  • A local authority refuses to undertake an assessment when one has been requested and might reasonably be required
  • There is a dispute about the outcome of an assessment or you are concerned that errors were made during the assessment which might have led to a difference outcome and the local authority is refusing to rectify the errors
  • A local authority fails to provide support services to meet the needs of someone who has been assessed as requiring those support services
  • A local authority changes the level of support that it provides for a person without having undertaken a full reassessment of their needs
  • A local authority proposes to charge for the support services it provides
  • There is a change in circumstances such as a deterioration in someone’s health but a local authority either refuses to under a reassessment of needs or refuses to make addition support available to meet the increased need due to the deterioration in health

We understand how sensitive some of the issues around community care can be, especially when you depend on those services in your everyday life. We want to put every client first, to get you the result you deserve and access to the care you need with minimal disruption to your everyday life.