In my previous blog, How To Avoid Negligence Claims – Working With Elderly Clients I outlined ten important questions to ensure practice is sound and person-centred and said that I would explore each one separately. My first considers care needs assessment for older people.
Local authorities must undertake an assessment for any adult with an appearance of need for care and support, regardless of whether or not the local authority thinks they have eligible needs and regardless of their financial situation.
The duty is triggered under Section 9 of The Care Act 2014 for anyone who appears to be in need of support services.
The purpose of an assessment is to identify the person’s needs, how these impact on their well-being and the outcomes that the person wishes to achieve in their everyday life.
Even if the person doesn’t want the Council to support them it is helpful that they have a needs assessment to provide a foundation for care navigation and procurement.
There are two interdependent parts to the assessment and both must be met to qualify for social care funding. These are care and support and financial eligibility
The criteria used to assess care and support needs
To be eligible for social care funding a person must be assessed to have a ‘substantial’ or ‘critical’ level of need. As a minimum, they are likely to need support with personal care and daily living on a daily basis.
How financial eligibility is determined
The following rules apply to financial assessments for both residential care and care in the home:
- People with over £23,250 pounds savings/capital will meet the full cost of their care.
- People with between £14,250 and £23,250 will make a contribution from their savings/capital as a tariff income of £1 for every £250. A contribution from income will also be assessed.
- People with savings and capital below £14,250 will not make a contribution from capital but contribution from income will be assessed.
The difference between the assessments is that for residential care, a person’s property is taken into account.
The care assessment
A Care assessment is not always undertaken face-to-face. It is not unusual for an unplanned screening assessment to be carried out directly with an older person over the phone. This can come out of the blue to the older person, especially if they live alone. Older people are proud and often eager to minimise the help they need. Many are hard of hearing. Make sure you ask to be advised if and when a phone assessment will be taking place when making the referral, so you can prepare and support the person.
During the assessment the person should be advised to answer all questions as if it was their ‘worst day’ without any support.
The person must have capacity to make decisions during the assessment
If an individual requiring assessment lacks capacity and there is no registered LPA in place, the Care Act imposes a responsibility to refer the matter to the Court of Protection who can appoint a professional Deputy.
The person has to be offered support to participate if necessary
New rules under the Care Act 2014 allow the person to take the lead in explaining what support they need to make life easier for them.
There is also a duty to provide independent advocacy to represent and support the person, if needed, to facilitate their involvement in assessments.
Unpaid carer’s needs and their need for support are entitled to be assessed
There is a duty for carers to receive an assessment regardless of their needs for support or their financial resources. Also to provide independent advocacy to represent and support them if necessary.
Obtain a written copy of the assessment
The assessment and any other relevant information will be recorded and authorised. Make sure the person obtains a copy as they or their representative have the right to challenge or dispute anything they don’t agree with.
Here are some helpful links
My next post will consider Health Assessments