Local authorities have a duty (under the Children Act 1989 (for those under 18) or the NHS Community Care Act 1990) to assess the needs of individuals in their area when they are aware that someone may be in need of services (community care assessments). The threshold to trigger an assessment is low.
We can help if:
- The local authority refuses to undertake an assessment of need when one might reasonably be required
- There is disagreement about the outcome of an assessment and errors may have been made which the local authority refuses to rectify
- Having undertaken an assessment, the local authority then fails to provide services to meet eligible needs
- There is disagreement about a proposal by the local authority to change for the services it provides without having undertaken a reassessment of need
- There is a change in circumstances, such as a deterioration in health, but the local authority fails to reassess need
If you are worried about any aspect of health or social care law, contact one of our experts to find out more about how we can help you.