The Care Act 2014
The Care Act 2014 strengthens the rights of people with learning disabilities or autism and their family carers. It promotes fairer, more personalised care. It also shifts the focus from providing services for specific groups, to supporting individuals to achieve the outcomes that matter to them.
Contact the Family Carer Support Service
Our Family Carer Support Service is for family carers of learning disabled or autistic people. We’re available to talk Monday to Thursday 9am to 4pm. If you call outside of these hours, please leave a voicemail and we will return your call within seven working days. Our freephone number is 0808 801 0448.
Email: familycarersupport@hft.org.uk
What are the main points of the Care Act?
Wellbeing must always be considered and promoted
Local authorities must promote a person’s wellbeing when making any decision about that person. This means that the local authority must consider the impact of any decision they make on the individual’s wellbeing. This is the driving force behind the Care Act and it applies equally to family carers.
There is a new national framework to decide eligible needs
The Care Act introduced a national framework to determine whether a person has eligible needs. This means that regardless of where you live in England, the same criteria applies. We think that the criteria is more generous than it was before the Care Act, especially for family carers. We encourage everyone to familiarise themselves with it before any Care Act assessment. See Assessments and the Care Act.
Family Carers have new and strengthened rights
For the first time in law, family carers have the same rights to assessment and support as the people they care for.
During a Carer’s Assessment the local authority must not assume what a family carer is willing and able to do for their relative. They must first decide what the relative’s needs are before thinking about the carer’s help. The local authority does not have to meet needs that a carer is willing and able to meet. But it’s important to identify all the needs during the assessment to prevent problems in the caring relationship. If needs are already identified as eligible, the local authority must take steps to meet them without further assessment.
The Care Act gives strengthened rights to Independent Advocacy
Some people with care and support needs have a right to a Care Act Independent Advocate. This applies if they’d find it too difficult to take part in Care Act processes themselves, and they don’t have an appropriate person to support them. See Independent advocacy under the Care Act 2014.
There is an emphasis on early intervention
Local authorities have a legal duty to prevent, reduce, and delay people’s needs from worsening. The aim is to have responsive local authorities that are able to support people at an early stage. This reduces or prevents the likelihood of people ending up in crisis situations.
Where can I find more information?
Download our guide to the Care Act 2014.