Community Care Dispute Solicitors — Care Act Assessments, NHS Continuing Healthcare & Deprivation of Liberty

No — a local authority must carry out a lawful reassessment of needs before reducing or withdrawing a care package (Care Act 2014 s.27). A reduction in the care package driven solely by budget cuts — without a genuine change in the person's needs — is unlawful. The reassessment must properly involve the adult (and their representative), must consider all eligible needs, and must result in a care and support plan that continues to meet those needs. Where the local authority proposes to cut care without a proper reassessment, a solicitor challenges the decision immediately — through the local authority's complaint process and, urgently, through a judicial review application for an interim injunction to prevent the cut pending a lawful reassessment.

NHS Continuing Healthcare (CHC) provides full NHS funding for adults whose primary need is a health need — with care funded free of charge (unlike local authority care, which is means-tested). Eligibility is assessed using the National Framework (2022) — the Checklist Tool, Decision Support Tool (DST), and Primary Health Need test. Where CHC is refused, the person can: request a local review by the Integrated Care Board (ICB); then appeal to an ICB panel; and then request a review by NHS England (for disputed cases). Retrospective CHC claims (for care previously funded by the person or the local authority that should have been NHS-funded) can also be made. A solicitor challenges CHC refusals where the DST was incorrectly completed, the Primary Health Need test was misapplied, or the retrospective claim was rejected on incorrect grounds.

A person without mental capacity who is deprived of their liberty in a care home or hospital can only be deprived of their liberty if it is authorised under the Deprivation of Liberty Safeguards (DoLS — Mental Capacity Act 2005 Sch A1) or ordered by the Court of Protection (MCA 2005 s.16). An unauthorised deprivation of liberty is unlawful — even where the person themselves lacks capacity to object. A "relevant person's representative" (RPR — typically a family member) can apply to the Court of Protection to challenge the standard DoLS authorisation under s.21A. A solicitor advises on whether the arrangements constitute a deprivation of liberty, challenges the authorisation conditions, and — where the person is being detained without any authorisation — makes an urgent Court of Protection application.

A personal budget must be sufficient to meet the eligible needs (R (KM) v Middlesbrough CBC [2012] UKSC 35). The Supreme Court confirmed that the personal budget must be set at an amount that is genuinely sufficient to commission the care required to meet the eligible needs — not an amount set to fit the local authority's available resources. In practice, local authorities often set personal budgets that are insufficient for complex care packages (particularly those involving night-time care, specialist equipment, or staff with specialist skills). A solicitor challenges an insufficient personal budget through the local authority's care and support plan review process, the LGO complaint process, and judicial review — obtaining evidence of the true cost of commissioning the required care package.

Yes — under the Care Act 2014 ss.10–11, carers have a right to a carer's assessment if it appears they may have needs for support. The assessment considers: the carer's wellbeing; the sustainability of the caring role (physical, mental, and social impact); work, education, and social participation; and whether the carer wishes to continue caring. Where the carer's needs meet the eligibility criteria, the local authority must provide support — which may include: direct payments; respite care; equipment; training; and access to services. Carers' rights are often overlooked by local authorities. A solicitor ensures that carers receive a proper assessment and the support they are entitled to — and challenges unlawful refusals to assess or to provide support.