Accessing support for people with NRPF under the Care Act 2014 Olivia Halse Matthew Gold & Co Solicitors 4 December 2019
Content of training General duties and meanings; u Assessments; u u When to assess; u Which LA to refer to; u Refusals by the adult /capacity; u Eligibility; Meeting needs; u Exclusions; u Accommodation under the Care Act 2014; u Pregnant women with NRPF accessing support under the Care Act 2014; u Interactions with other statutory framework; u u Asylum Support u Children Act 1989 What makes a good referral u Issues that may require challenging u
Wellbeing Duty General duty to promote an individuals wellbeing. This includes: u u Personal dignity u Physical and mental health and emotional wellbeing; u Protection from abuse and neglect; u Control by the person of day-to-day life; u Participation in work, education, training or recreation; u Social and economic wellbeing; u Domestic, family and personal relationships; u Suitability of accommodation; u Contribution to society.
Preventative duty Local authorities have a general duty to provide services, facilities or u resources that will: contribute toward preventing or delaying the development by adult in its area u with needs for care and support and carers in its area with needs for support; and/or u Will reduce the needs for care and support for adults and carers in its area.
Needs for care and support To be eligible for support under the Care Act 2014 an adult must have needs u for care and support which has been previously defined as “looking after”: “doing something for the person cared for which he cannot do himself or should not be expected to do himself.” Examples: 1) household tasks that an elderly person can no longer perform (or can but it now takes a significantly longer time for he or she to complete) 2) Personal care or hygiene routines for a physically disabled person; 3) Protection from risks for a mentally disabled person who is unable to perceive risk/danger.
Assessments
When to assess – Adult with Care Needs Low threshold: “where it appears to an LA that an adult may have needs for care u and support” LAs must assess whether that adult has needs for care and support and, if so, what those needs are. LAs are required to carry out an assessment regardless of their views in relation to u whether or not someone may or may not have needs, whether their needs are eligible or whether the person themselves is eligible to receive support (eg: due to immigration status). It is likely that a referral from the voluntary sector will trigger this duty. u If a referral from a charity is met with refusal, this will likely be challengeable. u Where an adult refuses the assessment the LA are no longer bound by their duty to u carry out an assessment unless: u The adult lack capacity; u The adult is experiencing or is at risk of abuse or neglect.
When to assess - Carer Carer: An adult who provides or intends to provide care for another adult. u Low threshold: “where it appears to a local authority that a carer may have u needs for support (whether currently or in the future)”. The duty to assess applies regardless of the Council’s views in relation to the u carer. The assessment will look at whether the carer is able and willing to continue u to provide care for the adult with care needs and the impact of doing so. TIP: when making a referral for an adult with care needs it is worth asking u whether they rely on anyone to assist with their needs. If they do it is worth exploring with the carer whether they consider they have any needs for support. If so, a joint referral requesting both a carer’s assessment and an assessment of the adult with care needs.
When to assess –Young Carer Young Carer: “a person under 18 who provides or intends to provide care for u another person” Low threshold: where: u u (a) it appears to the authority that the young carer may have needs for support, or u (b)the authority receive a request from the young carer or a parent of the young carer to assess the young carer's needs for support. General duty on LAs to “take reasonable steps to identify the extent to which u there are young carers within their area who have needs for support.”
Which LA to refer to? Test for which LA to provide support is ordinary residence as defined in Shah : u “a man’s abode in a particular place or country which he has adopted voluntarily and for settled purposes as part of the regular order of his life for the time being, whether of short or long duration.” Where the adult is of no settled residence, he/she should be referred to the local authority u where they are physically present . Therefore destitute adults should be referred to where they are at time. u Issues can sometimes arise where a destitute adult is in and out of hospital - in these u circumstances, a referral can be made to the local authority in which the hospital is located. Where there is a dispute as to which LA should provide support – LAs should follow the u procedure set out in The Care and Support (Disputes Between Local Authorities) Regulations 2014. Importantly: “The authorities must not allow the existence of the dispute to prevent, delay, u interrupt or otherwise adversely affect the meeting of the needs of the adult or carer to whom the dispute relates.”
Assessment timeframe There is no specified timeframe in carrying out an assessment under the Care u Act although the statutory guidance sets out: u 6.29 An assessment should be carried out over an appropriate and reasonable timescale taking into account the urgency of needs and a consideration of any fluctuation in those needs. Local authorities should inform the individual of an indicative timescale over which their assessment will be conducted and keep the person informed throughout the assessment process. Therefore if an adults needs are going unmet due to an unexplained delay and u this is causing a detrimental impact on the adult, this delay may be challengeable.
Refusing an assessment Where an adult refuses the assessment the LA are no longer bound by their u duty to carry out an assessment unless: u The adult lack capacity; u The adult is experiencing or is at risk of abuse or neglect. Capacity: where a local authority considers the adult would experience u substantial difficult in any of the following: u understanding or retaining relevant information; u using or weighing that information as part of the process of being involved; u communicating the their views, wishes or feelings (whether by talking, using sign language or any other means) They are under a duty to arrange for an independent advocate to represent and support the adult.
Eligibility criteria An adult's needs meet the Outcomes: u u eligibility criteria if— (a) managing and maintaining nutrition; (b) maintaining personal hygiene; u the adult's needs arise from or are related to a physical (c) managing toilet needs; or mental impairment or (d) being appropriately clothed; illness; (e) being able to make use of the adult's home safely; u as a result of the adult's (f) maintaining a habitable home environment; needs the adult is unable to (g) developing and maintaining family or other achieve two or more of the personal relationships; outcomes; and (h) accessing and engaging in work, training, education or volunteering; u as a consequence there is, or is likely to be, a significant (i) making use of necessary facilities or services in the local community including public transport, impact on the adult's well- and recreational facilities or services; and being. (j) carrying out any caring responsibilities the adult has for a child.
Eligibility criteria cont’d an adult is to be regarded as being unable to achieve an outcome if the u adult— is unable to achieve it without assistance; u u is able to achieve it without assistance but doing so causes the adult significant pain, distress or anxiety; u is able to achieve it without assistance but doing so endangers or is likely to endanger the health or safety of the adult, or of others; or u is able to achieve it without assistance but takes significantly longer than would normally be expected.
Meeting assessed needs
Duty to meet eligible needs Under section 18 of the CA 2014 where an LA has assessed an adult has eligible u needs for care and support they have a duty to meet these needs where: u the adult is ordinarily resident in the authority's area or is present in its area but of no settled residence; and There is no charge for meeting the needs or if there is either the adult’s financial u resources are below the limit or the adult lacks capacity to arrange for the provision of care and support and there is no one authorised to do so on their behalf. Where it can be shown that these needs are met by a willing carer- these duties u do not apply (section 18(7)). **NOTE: arguably this should not be relied upon until an assessment of the carer has been carried out to confirm they are willing and able to provide support and care required by the adult. NOTE: This duty is subject to exclusions (below)
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