Under the Care Act 2014 you have the legal right to request a needs assessment from your local council — regardless of your financial situation or how complex your needs are.

 

The council must carry out the assessment if it appears you may have care and support needs. They cannot refuse to assess you simply because they think you won't qualify for funded support.

 

The assessment looks at how your needs affect your ability to carry out day to day activities and achieve the outcomes that matter to you.

 

Who can request an assessment: Any adult who appears to have care and support needs A carer who appears to have support needs of their own A young person approaching 18 (a transition assessment)

 

 

How to request one: Contact your local authority adult social care team — see our Local Contacts page for details for your area.

This is one of the most important and least known rights in the Care Act 2014.

 

If your council agrees to fund your care, you have the right to choose which care provider delivers it — you do not have to accept the provider your council suggests.

 

This applies to: Home care — you can choose your own home care agency Care homes — you can choose any care home that meets your assessed needs, as long as it is within the cost your council would normally pay Supported living — you have choice over where you live and who supports you

 

Third Party Top Up: If the care home you choose costs more than your council's usual cost, a third party such as a family member can top up the difference. This is called a Third Party Top Up.

 

 

Important: Your council cannot pressure you into accepting a provider you do not want. If this happens, ask for the decision in writing and consider making a formal complaint. Use our guide on how to make a conplaint by clicking this link

Once your needs have been assessed and you are eligible for council-funded care, you have the right to know how much money the council has allocated to meet your needs. This is called your Personal Budget.

 

You then have the right to decide how that budget is spent. Your options are:

Council managed

The council arranges and manages your care on your behalf.

 

Direct Payment

The money is paid directly to you or a nominated person, allowing you to arrange your own care independently.

 

Individual Service Fund

A provider holds the budget on your behalf and manages it according to your wishes.

 

A combination of the above

You can mix and match these options to suit your circumstances.

 

Direct Payments give you maximum control and flexibility:

You can use them to employ your own personal assistant Choose your own care agency Arrange support in a way that suits your life

 

 

The council must offer you a Direct Payment unless there is a specific reason why it would not be appropriate.

If you provide unpaid care for a family member or friend, you have your own legal right to a Carer's Assessment — separate from the assessment of the person you care for.

 

The assessment looks at: The impact caring has on your life Your own health and wellbeing Your work and relationships What support you need to continue caring or to have a life outside of caring

 

You are entitled to a Carer's Assessment regardless of:

How many hours you care Whether you live with the person you care for Whether the person you care for has had their own assessment

 

Following the assessment the council must:

Provide a support plan Arrange carer support services where eligible Offer a Direct Payment where eligible

 

 

How to request one:

Contact your local authority adult social care team — see our Local Contacts page for details for your area.

If you have difficulty understanding information, communicating your wishes, or taking part in the care and support process, you have the right to an Independent Care Act Advocate.

 

The council must arrange an advocate for you if:

You have no appropriate family member or friend to support you You would experience substantial difficulty engaging in the process without support

 

What an advocate does:

An advocate is independent — they are not employed by the council Their job is to represent your views and help ensure your voice is heard They can attend assessments and reviews with you They can help you understand your rights and options

 

You also have the right to:

Bring a family member, friend or representative to any assessment or review meeting Request that meetings are held at a time and place that suits you Receive information in a format you can understand — large print, easy read, translated

 

 

To request an advocate:

Contact your local authority adult social care team and ask specifically for a Care Act Advocate — see our Local Contacts page for details for your area.

If you disagree with a decision your council has made about your care you have the right to challenge it.

 

Decisions you can challenge include:

Being found ineligible for care and support The level of your personal budget The outcome of a needs or carer's assessment A decision about your care provider

 

Your options are:

Request a review

Ask the council to reconsider the decision. Do this in writing and keep a copy of everything.

 

Make a formal complaint

Use the council's complaints procedure. They must acknowledge your complaint and respond within a set timeframe. See our When Things Go Wrong page for full details.

 

Contact the Local Government & Social Care Ombudsman

If you are not satisfied with the council's response you can escalate to the Ombudsman. They investigate complaints independently and can require councils to put things right. Phone: 0300 061 0614 Website: lgo.org.uk

 

Seek legal advice

In serious cases you may be able to challenge a decision through judicial review. Contact Citizens Advice or a specialist solicitor for guidance.

 

 

Remember: Always ask for decisions in writing Keep records of all conversations, dates and names You can ask an advocate to support you through the complaints process