This chapter has been refreshed following a legal review in March 2024.
Following a needs assessment and subsequent determination of eligible need the Local Authority has a duty under Section 18 of the Care Act to meet the eligible needs when:
In addition to this, where the service to be provided is chargeable and the Local Authority intends to charge the needs must be met when:
A person may already be in receipt of care and support which meets their needs. For example, needs may be met by a carer, in an educational establishment or by another institution other than the local authority. In these circumstances the Local Authority remains under a duty to meet the person's eligible needs but if the Local Authority is satisfied that the existing method of meeting the needs is meeting the person's eligible needs, then they may not actually have to arrange or provide any services to comply with that duty.
Should the support and/or services in place become inappropriate or unstainable the Local Authority must then meet the need.
IMPORTANT TO KNOWThe duty for the Local Authority to meet eligible needs does not apply when there is a carer meeting those needs, so long as the carer is willing and able to continue meeting the needs.
Under Section 19 of the Care Act the Local Authority has the power following a needs assessment to:
The Local Authority also has the power to meet needs without having carried out an assessment, made a determination about eligible needs or assessed financial resources when the need for Care and Support is urgent.
Section 19 powers also apply to people who are ordinarily resident in the area of another Local Authority but have a need for Care and Support (whether this is urgent or non-urgent).
When deciding to provide Care and Support to people who are ordinarily resident in another area the Local Authority must notify the other Local Authority of their intention to do so. This enables them to seek financial reimbursement of the cost in meeting the need.
For further information see Ordinary Residence.
If the Local Authority decides not to use its powers to meet needs, it must give the person (or their representative) a written explanation for taking this decision (unless it has already provided such an explanation following assessment). This explanation must be accessible to the person and include information and advice on how the person can reduce or delay their needs in future. This should be personal and specific advice based on the person's needs assessment and not a generalised reference to prevention services or signpost to a general web-site. For example, this should involve consideration of alternative ways in which a person could reduce or delay their care and support needs, including signposting to support within the local community.
Where the Local Authority is meeting some needs, but not others, the person must receive a Care and Support plan for the needs that are going to be met, and a written explanation for the needs that are not.