Amendments

In August 2024, a scope box was 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 August 2024, text amendments have been made to Section 5, Arranging the Assessment and Preparing the Parent Carer. These amendments 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 August 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. Amendments have also 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 August 2024, text amendments was made to Section 5, Arranging the Assessment and Preparing the Person. These amendments 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 August 2024, text amendments have been made to Section 3, The Purpose of any Assessment. These amendments 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 August 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. Amendments have also 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 August 2024, text amendments have been made to Section 3, The Purpose of any Assessment. These amendments 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 August 2024, text amendments have been made to Section 5, Arranging the Review and Preparing the Person. These amendments 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 August 2024, minor text amendments have been made to Section 3, Applying the Eligibility Criteria. These amendments 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 August 2024, text amendments have been made to Section 5, Arranging the Assessment and Preparing the Young Person. These amendments 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 August 2024, text amendments were made to reflect changes made to the chapter ‘Financial Assessment’.

In August 2024, minor text amendments have been made to Section 3, Failure of a Regulated Provider. These amendments 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 August 2024, text amendments have been made to Section 1, Arranging the Assessment and Preparing the Person. These amendments 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 August 2024, text amendments have been made to Section 2, The Purpose of any Assessment. These amendments 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 August 2024, text amendments have been made to Section 7, Preparing for the Review. These amendments 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 August 2024, information was added to Section 4, Concerns About an Appointee, Deputy or Donee and Section 5, 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 6 regarding notifications.

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

In August 2024, text amendments have been made to Section 2, The Purpose of any Assessment. These amendments 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 August 2024, text amendments have been made to Section 5, Arranging the Assessment and Preparing the Young Carer. These amendments 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 August 2024, Section 9, Out of Area Services was updated to reflect amends made previously to Ordinary Residence chapters following a legal review.

In August 2024, text amendments have been made to Section 5, Arranging the Assessment and Preparing the Carer. These amendments 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 August 2024, text amendments have been made to Section 5, Arranging the Review and Preparing the Carer.  These amendments 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 August 2024, Twitter was changed to X (formerly Twitter).

This chapter was replaced with an updated version following a full review. This new version reflects feedback received following a full tri.x legal review of the Care Act 2014 Resource section ‘Direct Payments’.

This chapter was replaced with an updated version following a full review. 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 August 2024 minor amendments were made to Section 1, Using this Procedure.

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

In February 2024, a link to the section on ordinary residence in the 'Section 117 Aftercare' Procedure was added.

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

In February 2024, the Government 'Making Finance Decisions for Young People: Parent and Carer' Toolkit was added to the list of tools to support the Transition Plan conversation.

In February 2024, this new chapter was added to the 'Specialist Procedures' Section.

In February 2024, the Home Office Status, Verification, Enquiries and Checking service e-mail address was updated. In addition, a link to the government guidance ‘Asylum support’ was added into Section 7, Providing Information and Advice. The guidance 'Supporting Migrants Lacking Mental Capacity in Relation to Immigration Matters' was added into Section 1, Using this Procedure and Further Guidance.

In February 2024, this new chapter was added into the 'Universal Procedures' Section.

Section 4, Sections of the Mental Health Act 1983 was updated in February 2024 to include information about Section 135 (2).

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

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

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

In February 2024, text amends were made to Section 1, An Introduction to Continuity of Care Arrangements. These amends were 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 February 2024, relevant text amends were made throughout to reflect the feedback received following a full tri.x legal review of the Deprivation of Liberty Safeguards Procedure.

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

Section 6, Making a Property and Affairs Deputyship Application was updated in February 2024 to include more information about notifications. Information about Carer's Card accounts was added into Section 2, Identifying Support Needs.

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

Section 10, Advance Care Planning was refreshed in September 2023 to include information about the Universal Principles of Advance Care Planning.

In September 2023, the 'Ordinary Residence' section was reviewed and refreshed.

In September 2023, this chapter was fully reviewed and refreshed. This inlcuded adding greater clarity on state imputability, moving information about Best Interests into Section 6, Applying to the Court, adding information about the National Deprivation of Liberty Court and adding a new Section 8, Challenging a DoLS Authorisation using Section 21A.

In September 2023, a new Section 2, Final Demand Guide was added. 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 September 2023, information about the Caldicott Principles was added into the 'Providing Information about a Person' section.

In September 2023, information about the Caldicott Principles was added into the 'Providing Information about a Carer' section.

In September 2023, links were added to the new 'Understanding the Mental Health Act 1983' and 'Community Mental Health Framework' procedures.

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

In September 2023, this chapter was fully reviewed and refreshed. This included adding greater clarity around state imputability and a new Section 15, Challenging an Authorisation using Section 21A and Section 16, The Future of the Deprivation of Liberty Safeguards. At the same time, the chapter Liberty Protection Safeguards Procedure was deleted.

Section 5, Meeting the Urgent Needs of a Person who is not Ordinarily Resident was reviewed and refreshed in September 2023.

Section 5, Arranging the Review and Preparing the Person was revised in September 2023 to better clarify the statutory requirements around the frequency in which Support Plans should be reviewed.

Section 3, Ordinary Residence was updated in September 2023 to reflect the Supreme Court judgement R (Worcestershire County Council) v Secretary of State for Health and Social Care [2023] UKSC 31.
Section 9, Further Information was also updated to include a link to the Community Mental Health Framework for Adults and Older Adults documents.

In September 2023, this chapter was fully reviewed and refreshed.

In September 2023, this chapter was refreshed throughout and amended to reflect changes to the immigration status requirements for people from EEA countries.

In September 2023, this chapter was fully reviewed and refreshed and a link to the Section 117 Aftercare Procedure was added.