Care Act 2014, s 1 — The authority must promote individual well-being when exercising Part 1 functions. Relevant dimensions include dignity, physical and mental health, protection from abuse and neglect, control over day-to-day life, participation and suitability of living accommodation. Official source
Care Act 2014, s 9 — Where it appears that an adult may have needs for care and support, the authority must assess, regardless of its view of the level of need or finances. The assessment concerns needs, their impact on well-being, desired outcomes and whether care and support could contribute. Official source
Care Act 2014, ss 13 and 18 — Eligibility must be determined under the statutory framework; the duty to meet eligible needs depends on the conditions in s 18, including ordinary residence and financial criteria. Official source
Care Act 2014, ss 24–25 — The authority must decide which needs it will meet and prepare a care and support plan with required statutory content. Official source
Care Act 2014, s 27 — Plans must be kept under review; a reasonable request for review triggers statutory consideration and, where appropriate, reassessment and revision. Official source
The stages should not be collapsed. Assessment identifies need and outcomes; eligibility applies national criteria; the authority decides which needs it must meet; planning selects lawful means; the personal budget expresses cost; and review tests performance. Treating a need as already “met by family” without establishing that the family member is willing and able can distort every later stage.
2.1 The correct argument for continuous support
A legally careful submission does not say, “My diagnoses create an automatic right to continuous care.” It says: (i) needs and risks arise at times that cannot reliably be predicted; (ii) the consequences of an unmet episode are specified; (iii) existing arrangements do not provide a timely response; (iv) reliance on an unwilling or unsafe person is not a genuine service; and (v) the proposed package is a proportionate means of meeting identified outcomes. The authority must confront that evidence and explain any alternative.
2.2 Diagnosis is neither necessary nor sufficient
The Care Act is needs-led. A confirmed diagnosis may strengthen medical evidence, but eligibility does not depend on a psychiatric label, and a diagnosis alone does not dictate the number of care hours. Function, fluctuation, cumulative impact and risk are central.
Assessment should use a representative period. Capacity to complete a task once on a good morning does not establish that the outcome can be achieved safely, reliably, repeatedly and at an appropriate time when fatigue, pain, fainting, trauma symptoms or loss of speech occur. Frequency and consequence should be recorded separately: an uncommon event may still require a strong contingency if the potential harm is grave.