Amendments

In October 2024, this chapter was amended to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource section ‘Meeting Needs’.

In October 2024, information was added to Section 2, Notifying Others about notifications that may need to be made when a person/carer dies, including the requirement that local authorities should notify Ofsted of the death of any care leaver under the age of 25, where it is aware of their care leaver status.

In October 2024, the SCIE End of Life Hub was removed from section 7. ‘Good Practice Guidance for End of Life’ as it is no longer available. It was replaced with BASW guidance: The role of social workers in palliative, end of life and bereavement care.

In October 2024, Section 5, How to Contact the Service, was updated to clarify that a request for a Mental Health Act assessment should be made at the earliest possible opportunity.

In October 2024, this chapter was amended to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource section ‘Meeting Needs’.

In October 2024, this chapter was amended to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource section ‘Meeting Needs’. Also, Section 8, Good Information and Advice and Prevention was updated to include information about carers leave.

In October 2024, Section 3, Principles of Good Recording was updated to include links to resources that support anti-discriminatory recording.

In October 2024, Section 1, Maintaining Confidentiality about a Person or Carer was amended to clarify that the Data Protection Act 2018 and UK GDPR do not prevent the sharing of information for safeguarding purposes.

In October 2024, Section 3, Applying the Eligibility Criteria was updated to include information from the Care and Support statutory guidance about establishing whether the person's needs arise from a physical or mental impairment or illness.

In October 2024, amendments were made to Section 2, An Introduction to NHS Continuing Healthcare Funding and Section 5, Providing Information and Advice about NHS Continuing Healthcare. This included adding information about PUPoC (Previously unassessed periods of care).

In October 2024, this chapter has been updated following a full tri.x legal review.

In October 2024, this chapter was amended to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource section ‘Meeting Needs’.

In October 2024, an amendment was made to Section 3, Local Joint Package of Care Arrangements to clarify that the Care and Support Statutory Guidance requires the Local Authority and ICB to agree a local dispute resolution process to resolve any disputes regarding the apportionment of funding in joint funded care and support packages.  

In October 2024, Section 4, Understanding the Deprivation of Liberty Safeguards has been updated to provide additional clarity about continuous supervision, free to leave and state imputability. In Section 5, Receiving a Standard Authorisation Request a ‘need to know’ box has been added with information about responding to requests from an eligible person. Also, the link to the ADASS Priority Tool for Deprivation of Liberty Requests was updated.

In October 2024, text improvements were made to this chapter. This included adding information about the Right Care Right Person guidance used by the police and the interface between the Mental Health Act and the Mental Capacity Act 2005.

In October 2024, this chapter was amended to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource section ‘Meeting Needs’.

In October 2024, Section 8, Out of Area Services was updated to clarify that Extra Care Housing is classified as specified accommodation.

In October 2024, this chapter was amended to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource section ‘Meeting Needs’.

In October 2024, Approved Mental Capacity Professionals were removed from the list of individuals that can apply for a Mental Health Crisis Breathing Space.

Also, amendments were made to Section 5, Applying for a Mental Health Crisis Breathing Space. This was to reflect the changes to the definition of mental health crisis treatment that were made following the case Kaye v Lees [2023] EWCH 152.

In October 2024, Section 8, Good Information and Advice and Prevention was updated to include information about carers leave.

In October 2024, this chapter was amended to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource section ‘Meeting Needs’.

In October 2024, this chapter was amended to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource section ‘Meeting Needs’.

In October 2024, this chapter was amended to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource section ‘Meeting Needs’.

In October 2024, the link to SCIE: Equality Act 2010 – overview for social care was removed in Section 6, Further Information and Guidance, as the page is no longer available.

In October 2024, Section 9, Good Information and Advice and Prevention was updated to include information about carers leave.

This chapter was updated in October 2024.

In October 2024, information was added to Section 7, Concerns About an Appointee, Deputy or Donee and Section 8, Exploring All Available Options to clarify that the Court of Protection can also revoke a Deputyship or Lasting Power of Attorney. Further information was also added to Section 11, Making a Property and Affairs Deputyship Application regarding notifications. Also, information about fixed costs and Deputy renumeration was updated in Section 8, Exploring all Available Options. Also, information about Sibstar was added to Section 5, Identifying Support Needs.

In April 2024, this chapter was reviewed and refreshed, including the addition of several national resources.

In April 2024, text amends have been made to Section 3, The Purpose of any Assessment. These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter ‘The Purpose of Assessment’.

In April 2024, text amends have been made to Section 1, An Introduction to Continuity of Care Arrangements. These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter ‘Continuity of Care when a Person Moves’.

In April 2024, a new Section 5, Identifying Carers was added.

In April 2024, the Home Office Status, Verification, Enquiries and Checking service email was updated. A link to the government guidance ‘Asylum support’ was also added to Section 7, Providing Information and Advice.

In April 2024, text amends have been made to Section 7, Preparing for the Review. These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter ‘Carrying Out an Assessment’.

In April 2024, Section, 11, Making a Property and Affairs Deputyship Application, was updated to include more information about notifications, and information about Carer’s Card accounts was added to Section 5, Identifying Support Needs.

In April 2024, relevant text amends have been made throughout to reflect the feedback received following a full tri.x legal review of the Deprivation of Liberty Safeguards Procedure.

In April 2024, Twitter was changed to X (formerly Twitter).

In April 2024, relevant text amends have been made throughout to reflect the feedback received following a full tri.x legal review. In addition to this, information about use of the ADASS Priority Tool for Deprivation of Liberty Requests was added to Section 5, Receiving a Standard Authorisation Request.

Minor text amends have been made to Section 3, Failure of a Regulated Provider. These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter ‘Commissioning Responsibilities under the Care Act’.

In April 2024, relevant text amends have been made throughout to reflect the feedback received following a full tri.x legal review of the NHS Continuing Healthcare Procedure.

In April 2024, this chapter was fully reviewed and refreshed including adding information about the Probation Finder to Section 2, Information about Prisons and Approved Premises.

In April 2024, relevant text amends have been made throughout to reflect the feedback received following a full tri.x legal review of the NHS Continuing Healthcare Procedure.

This new version reflects feedback received following a full tri.x legal review of the Care Act 2014 Resource section ‘Charging and Assessing Financial Resources’.

In April 2024, relevant text amends have been made throughout to reflect the feedback received following a full tri.x legal review.

In April 2024, text amends were made to reflect changes made to the chapter ‘Financial Assessment’.

In April 2024, Section 8, Out of Area Services was updated to reflect amends made previously to Ordinary Residence chapters following a legal review.

In April 2024, text amends have been made to Section 5, Arranging the Assessment and Preparing the Young Person. These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter ‘Carrying Out an Assessment’.

In April 2024, text amends have been made to Section 5, Arranging the Assessment and Preparing the Carer. These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter ‘Carrying Out an Assessment’.   

In April 2024, minor text amends have been made to Section 3, Applying the Eligibility Criteria. These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter ‘The National Eligibility Criteria’.

In April 2024, text amends have been made to Section 5, Arranging the Review and Preparing the Carer. These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter ‘Carrying Out an Assessment’.

In April 2024, text amends have been made to Section 5, Arranging the Review and Preparing the Person. These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter ‘Carrying Out an Assessment’.

In April 2024, text amends have been made to Section 5, Arranging the Assessment and Preparing the Parent Carer. These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter ‘Carrying Out an Assessment’.

In April 2024, minor text amends have been made to Section 3, Applying the Eligibility Criteria. These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter ‘The National Eligibility Criteria’.

In April 2024, a scope box has been added to top of this chapter, alerting and signposting practitioners to the statutory guidance issued in January 2024: Discharge from mental health inpatient settings. The chapter has also had a full legal review and additional information has been added in Section 5, Aftercare Planning and Assessment, around support to claim benefits in line with the findings of the ombudsman decision NHS Devon ICB (22 008 927b).

In April 2024, this chapter was fully reviewed and refreshed.

In April 2024, text amends have been made to Section 5, Arranging the Assessment and Preparing the Person. These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter ‘Carrying Out an Assessment’. 

In April 2024, text amends have been made to Section 5, Arranging the Assessment and Preparing the Young Carer. These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter ‘Carrying Out an Assessment’.

In April 2024, text amends have been made to Section 3, The Purpose of any Assessment. These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter ‘The Purpose of Assessment’.  

In October 2023, information about the Caldicott Principles was added.

In October 2023, this chapter has been fully reviewed and refreshed.

In October 2023, Section 15, Challenging an Authorisation using Section 21A and Section 16, The Future of the Deprivation of Liberty Safeguards were added. At the same time, the chapter Liberty Protection Safeguards Procedure was deleted. Section 4, Understanding the Deprivation of Liberty Safeguards was also updated to provide greater clarity on state imputability.

In October 2023, this chapter was fully reviewed and refreshed. This included moving information about Best Interests into the section ‘Applying to the Court’, adding information about the National Deprivation of Liberty Court and adding a new section ‘Challenging a DoLS Authorisation using Section 21A’. Section 2, Identifying Deprivations of Liberty (ages 18 and over) and Section 5, Identifying and Responding to Deprivations of Liberty (ages 16 and 17) were both updated to provide greater clarity on state imputability. 

In October 2023, information about the Caldicott Principles was added to the section ‘Providing Information about a Person’.

In October 2023, this chapter has been refreshed throughout and amended to reflect changes to the immigration status requirements for people from EEA countries. It was also updated to include Shared Lives placements. Also the guidance ‘Supporting Migrants Lacking Mental Capacity in Relation to Immigration Matters’ was added to section 1, Using this Procedure and Further Guidance.

In October 2023, information about the Caldicott Principles was added to the section ‘Providing Information about a Person/Carer’.

In October 2023, Section 10, Advance Care Planning has been refreshed to include information about the Universal Principles of Advance Care Planning.

In October 2023, a link to the Section 117 Aftercare chapter section on ordinary residence was added. Section 5, Meeting the Urgent Needs of a Person who is not Ordinarily Resident was reviewed and refreshed.

In October 2023, the section ‘Ordinary Residence’ was reviewed and refreshed. 

In October 2023, the government toolkit ‘Making Finance Decisions for Young People: Parent and Carer Toolkit’ was added to the list of tools to support the Transition Plan conversation.

In October 2023, a new section was added ‘Final Demand Guide’. Updated in May 2023, the Final Demand Guide provides basic advice for health and social care workers, describing how they can practically help people with debt and mental health problems.

In October 2023, References to the Care Programme Approach (CPA) have been removed and a link to the Community Mental Health Framework for Adults and Older Adults documents was added to Section 9, Further Information. Also, Section 3, Ordinary Residence was updated to reflect the Supreme Court judgement R (Worcestershire County Council) v Secretary of State for Health and Social Care [2023] UKSC 31.

In October 2023, a broken link in Section 1, Using this Procedure has been fixed.

In April 2023, information from this Procedure relating to providing information about a person/carer was used to create a new standalone Procedure in the Universal Procedures section.

In April 2023, a link to the new Section 117 Aftercare Procedure was added into Section 1, Section 117.

In April 2023, this new chapter was added to the Mental Health Social Work section.

In April 2023, a link was added to the Providing Information about a Person or Carer Procedure.