Introduction, Legal Requirements and Tools

This procedure should be used by anyone that has been allocated or asked to carry out any process that establishes the eligible needs of a person under the Care Act, including any formal assessment or reassessment of need.

Anyone establishing the needs of a carer should refer to the bespoke Carers Procedures.

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.

Note: This procedure is used by all of the following teams and services:

1. Short-Term Services Team;
2. Learning Disability Teams; and
3. Mental Health Teams.

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:

1. 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
2. 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Unfortunately the word 'assessment' is all too often associated with outdated practices to gather information that do not support the ethos of the Care Act.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:

1. A process led by the assessor;
2. A structured process involving the use of forms and arbitrary questions;
3. An 'interview' of the person being assessed; and
4. 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:

1. Proportionate, only being formal or lengthy when it needs to be;
2. Led by the person with care and support needs;
3. Appropriate to the person and their situation; and
4. A method of supporting the person to find their own solutions to issues identified.

Under the Care Act the main purpose of any assessment is:

1. To provide a full picture of the person'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
2. The Local Authority can put in place appropriate, proportionate and timely arrangements for that person 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.

A good assessment will also:

1. Support people to understand their strengths and capabilities within the context of their situation;
2. Support people to understand the support that may be available to them within the community or through other networks and services; and
3. 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:

1. Make a determination about eligibility (where eligibility is a factor in meeting assessed needs); and
2. Understand the kind of service provisions that could be explored when Care and Support planning.

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.

See: Legal Requirements of a Needs Assessment, part of the Care Act 2014.