The Care Act 2014

News - 1 December 2014

The Care Act 2014 is a law bringing all previous bits of legislation related to social care together in one place, and to modernise or update the law where necessary.

The Care Act tells councils across England what they need to do if someone has social care needs and needs support either in their own home, in other types of housing (such as shared living schemes, supported or extra care houses) or in a care home. It also sets out what councils have to do if they are aware that someone is caring for a family member or friend that needs support.

Why change the law?

The current system of care and support often fails to live up to the expectations of those who rely on it. The system can often be confusing, disempowering and not flexible enough to fit around people’s lives. We also need to consider that demographic changes mean that we can expect 1.4 million more people to need care and support in the next 20 years.

Over nearly 70 years the existing has been added to again and again and is now out of date and confusing. The Care Act has created a single, modern law that makes it clear what kind of care people should expect.

More than simply modernising the legislation, the Act takes forward many reforms. In doing so, it also responds to the recommendations of the Commission on the Funding of Care and Support, which was established in 2010 by the coalition

“to make recommendations on how to achieve an affordable and sustainable funding system or systems for care and support, for all adults in England, both in the home and other settings.”

How will it affect you?

You will have a right to a free needs assessment from your council, even if it thinks your finances are too high or your needs are too low to qualify for help.
All councils will use a new national eligibility criteria to decide whether someone can get help from them.
If you get social care support, you will now have a right to request a personal budget if you’re not offered one. This is a summary of how much the council thinks your care should cost. This might be useful if you want to pay for your own care. This will become more important when you have a care account from April 2016 (see below).
If your needs assessment shows you don’t qualify for help from the council, they must advise you how the care system works and how to pay for your own care. So if you just need a hand with housework, for example, the council should assist you in finding this.
You can defer selling your home to pay your care fees until after your death.
If you’re paying for your own care, you can ask the council to arrange your services for you. It can only charge you as much as someone whose care they are funding.
If you’re a Carer, you have a legal right to a care assessment from the local council. You can also get support services if you qualify for them.
If you find it difficult to communicate or to understand the issues being discussed, the council must provide an advocate to help you when discussing your care. They will represent your interests if you don’t have a friend or relative who can help.
The council must provide preventative services that could reduce or delay your need for care. For example, intermediate care at home after a hospital stay could help keep you independent for longer.