Introduction, Legal Requirements and Tools
Amendment
In July 2024, text amendments were made to Section 3, The Purpose of any Assessment. These amendments were made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter 'The Purpose of Assessment'.
This procedure should be used by anyone that has been allocated or asked to carry out any process that establishes needs under the Care Act, including any formal assessment or reassessment of need.
Additional practice guidance that can support the processes of establishing needs, Care and Support Planning and review when the person has specific or complex needs can be accessed in the tri.x Resources.
Under the Care Act any method of establishing needs is known as an assessment and this is the legally recognised term. Assessment is an integral part of adult Care and Support.
The term 'assessment' covers:
- The range of methods that can be used to establish needs, some of which are formal (for example, a face to face assessment) and some of which are not so formal (for example, a short telephone conversation); and
- The range of models and frameworks used to support or shape the process of information gathering.
Unfortunately the word 'assessment' is all too often associated with outdated practices to gather information that do not support the ethos of the Care Act. For example, being:
- A process led by the assessor;
- A structured process involving the use of forms and arbitrary questions;
- An 'interview' of the person / carer being assessed; and
- A gateway to funding and services, the nature of which is decided by the assessor.
As a mechanism to promote and support new practices around assessment that are in line with the Care Act ethos and duties, these procedures intentionally use the phrase 'Establishing Needs' alongside the legal term 'assessment'. This supports users of the procedures to think more flexibly about what an 'assessment' can, and may need to involve so that it is:
- Proportionate, only being formal or lengthy when it needs to be;
- Led by the person with care and support needs / carer with support needs;
- Appropriate to the person / carer and their situation; and
- A method of supporting the person / carer to find their own solutions to issues identified.
Under the Care Act the main purpose of any assessment is:
- To provide a full picture of the person's / carer’s needs, with a particular focus on the impact that those needs have on their Wellbeing and the outcomes they want to achieve in their day-to-day life; so that
- The Local Authority can provide an appropriate, proportionate and timely arrangements for that person / carer in order to meet their needs and promote individual Wellbeing. This response might range from offering guidance and information to arranging for services to meet the needs.
Under the Care Act the duty to promote individual Wellbeing is intrinsically linked to the purpose of assessment. Any assessment that has not considered or promoted Wellbeing has not fulfilled its legal requirements.
It is vital that you understand the principle of Wellbeing in order to promote it. See: Promoting Individual Wellbeing.
A good assessment will also:
- Support people to understand their strengths and capabilities within the context of their situation;
- Support people to understand the support that may be available to them within the community or through other networks and services; and
- Support people to consider some of the different ways that the Local Authority may be able to support them (other than through a formal service).
The information gathered will help the Local Authority to:
- Make a determination about eligibility (where eligibility is a factor in meeting assessed needs); and
- Understand the kind of service provisions that could be explored when Care and Support / Support / Enablement planning.
Deciding whether enablement is appropriate
The enablement service provides a bespoke function to directly support people with a disability, who have a mental health issue or who are recovering from illness to:
- Learn the skills of daily living to enable them to live independently (or with as little support as possible);
- Re-learn lost skills of daily living (either fully or to a point where independence is increased as much as it can be);
- Learn to 'live well' with a condition and develop strategies to be as independent with daily living skills as possible for as long as possible;
- Build confidence across any other areas of life that are important to the person so as to increase their independence (for example building social skills).
Identifying 'other' needs for Care and Support
Because the enablement assessment should be holistic in nature if the person has any other needs for Care and Support these will also be identified. You will need to establish what action to take in respect of these non-enablement needs. Examples of possible action include:
- No action (only if needs have already been assessed and are being met through a Care and Support Plan);
- Providing information and advice to the person (or their carer) about ways that the needs could be met;
- Requesting joint work with another service within the Local Authority (for example social work or occupational therapy).
Identifying carer's needs
The enablement assessment must involve any carer that the person has because under the Care Act carers must be involved in any Carer and Support process. As part of the assessment of the person you must establish:
- Whether the carer has the appearance of a need for Support in their own right; and
- If so, whether the carer is being supported through a Support Plan; and
- If there is no Support Plan, whether the carer wishes to have a carer's assessment.
The Local Authority has a duty to identify and support carers and enablement is often an opportunity to do so at an early stage.
Referrals to Occupational Therapy often describe specific equipment or an adaptation as the reason that the assessment is being requested, for example:
- To adapt a bathroom into a wet room;
- To obtain specialist seating;
- To lower the units in the kitchen; or
- To fit grab rails around the home.
Assuming the outcome of the assessment in this manner suggests that the person making the referral may not understand the purpose of an assessment under the Care Act as a mechanism to assess needs (not services), and may have unrealistic expectations about the whole process that you will need to manage.
There should not be any assumptions made prior to an assessment that the provision of equipment or an adaptation will always be the outcome. Instead the assessment must identify:
- All of the needs that a person appears to have;
- Whether any of the needs that the person appears to have can be prevented, reduced or delayed; and
- If so, whether the provision of low level equipment or minor works is the most appropriate and proportionate way to do so; and
- Whether any of the needs that the person appears to have are on-going (in which case an eligibility determination must be made and eligible needs met); and
- Whether the provision of equipment or adaptation is the most appropriate and proportionate way to meet on-going needs.
Failing to assess in a holistic way increases the risk that:
- Not all needs will be identified;
- Unmet needs will remain after assessment;
- Needs will not be met in the most proportionate and appropriate way;
- Opportunities to prevent, reduce and delay needs (and promote independence) may be missed;
- Opportunities to work jointly with others to achieve better outcomes for the person may be missed;
- Ways to meet needs may not be explored from a strengths based approach; and
- Opportunities to identify and support carers could be missed.
Across the country and even within each Local Authority there are a range of models and frameworks used to support or shape the process of information gathering to establish needs. The Care Act recognises that different approaches are used but all must fulfil the same legal requirements.
To find out about the legal requirements of an adult needs assessment, see: Legal Requirements of a Needs Assessment, part of the Care Act 2014.
To find out more about the legal requirements of a carers assessment, see: Legal Requirements of a Carers Assessment, part of the Care Act 2014.
The Care Act does not require that a specific tool (or any tool at all) is used to support or shape the assessment process, but it does acknowledge that a good tool can be helpful. However, any tool should:
- Facilitate and ensure the person's / carer’s involvement;
- Support the information gathering process;
- Be flexible and adaptable; and
- Be appropriate and proportionate to the situation and needs of the person / carer being assessed.
See below for details of the tools that are available for you to use as required.
The process of establishing needs involves having a skilled conversation about:
- Wellbeing and outcomes;
- Needs; and
- Risk.
You should consult with the person / carer and/or others when arranging the assessment to understand the specific communication needs that the person / carer has so that any assessment tool you use will ensure their involvement in the conversation.
If you do not feel that the assessment tools available to you will be appropriate you should speak to your manager about how they can be adapted.
Sometimes you may need to supplement the available tools with more bespoke tools to support the specific communication needs of the person / carer. For example, you may need to use photographs or pictures. This is entirely appropriate under the Care Act as it will ensure the involvement of the person / carer and will also support you to meet the duty to provide information in an accessible way.
Remember: see the tri.x Resources to access additional practice guidance that can support the processes of establishing needs, Care and Support Planning and review when the person has specific or complex needs.
Across the country and even within each Local Authority there are a range of models and frameworks used to support or shape the process of information gathering to establish needs. These are known as tools.
First and foremost you should have regard for any available practice guidance or good practice examples provided by the Local Authority.
The following are other tools available to you that may enhance any assessment conversations and accessibility.
tri.x has developed a range of person centred tools that can:
- Support a person / carer to think about what matters most to them, now and in the future;
- Support a person / carer to think about Wellbeing;
- Support a person / carer to think about needs and what a good day/bad day looks like; and
- Support a person / carer to think about what is working/not working about a Care and Support / Support Plan and any services or support they receive.
See: Resources for Person Centred and Strength Based Conversations.
Think Local Act Personal have also produced an online tool to support everything from preparing a person for an assessment, to having a skilled conversation and developing a Care and Support Plan through to review. See: Personalised Care & Support Planning.
Last Updated: July 25, 2024
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