The Care Act 2014 places an individual's wellbeing at the heart of adult social care, and although not mentioned in the Act, the concept of ‘independent living’ is seen as a core part of the wellbeing principle.

No one area of wellbeing is seen in law as being more or less important than another. But practitioners should remember that some areas will be more important to the individual than others.

This session explores what practitioners need to do to comply with the wellbeing duty when working with adults and how that links to independent living.

Learning outcomes:

• The meaning of wellbeing and how practitioners should comply.
• What the UN Convention on the Rights of Persons with Disabilities (UNCRPD), and in particular Article 19, says about the right to independent living.
• Whether the Care Act complies with the UNCRPD.

The Care Act requires a local authority to carry out a needs assessment where it appears that an adult may have care and support needs. This is the mechanism by which a determination is made as to whether there are “eligible” needs and, thereafter, whether there is a duty or a power to meet the person’s eligible needs.

But case law has shown confusion over several issues, including what constitutes a need. This session will clear up any misunderstanding by reference to applicable law, and consider how these principles have been applied in practice.

In the current difficult financial climate, there is an escapable tension between duties and powers to meet needs, and financial resources.

This session will consider whether and to what extent resources can be taken into account when making determinations under the Care Act, particularly when considering decided cases concerning reduction or withdrawal of care provision.

Learning outcomes:

• When the duty to assess applies, and an understanding of why a needs assessment should be made without regard to any existing ways in which needs are being met.
• What constitutes a lawful needs assessment. 
• The meaning of the eligibility criteria and the role of resources in making eligibility decisions.
• The power to meet urgent needs, when and how this should be exercised.

Under the Care Act local authorities are responsible for financial assessments and charging. Each local authority publishes its own charging policy, which must be in accordance with the legal framework set out in the Act. However, many aspects of this framework are discretionary, and it is important to be aware of your local authority’s charging policy.

Providing information about financial assessment and charging is part of the wider duty to provide information and advice relating to care and support under section 2 of the Act. It should be provided as early as possible to enable people to make well-informed choices about how best to meet their care and support needs.

Despite this, the Local Government and Social Care Ombudsman receives a considerable number of complaints on this issue every year. This is often because practitioners have missed opportunities to provide good information and advice, or what they have provided was inadequate or incorrect.

Learning outcomes:

• The purpose of a financial assessment and when one should, and should not, be completed.
• What case law tells us about what is taken into account during a financial assessment and what is disregarded.
• What happens if someone refuses to pay or lacks capacity to make financial decisions.
• What makes a charging policy lawful and whether different categories of people can be treated differently. (eg the Norfolk case)

Care and support planning is an important part of the process that enables local authorities to fulfil their legal duties to promote individual wellbeing and to meet needs and provide support for eligible adults.

At a time when local authorities’ budgets are under a lot of strain and so difficult decisions are being made about the level of support that people are provided with to meet their needs, case law reminds us why the person and their family members must be involved in the decision-making process and why detailed written reasons for decisions must be provided. If local authorities fail to do this, the decision will be unlawful and open to challenge.

Learning outcomes:

• How local authorities can meet eligible needs in a lawful way.
• The link between provision of services and best interests when a person lacks capacity.
• Whether individuals are required to have direct payments and personal budgets.
• Whether limits can be placed on payments and the availability of services.
• The extent to which an individual can refuse services.

The Care Act is the starting point for adult safeguarding in England. The Act requires enquiries to be made in safeguarding cases and a decision on what action to take.

According to data from the Department of Health and Social Care at the end of 2025, the numbers of adult safeguarding concerns and Care Act section 42 enquiries in England have both risen annually for the past four years, which makes it imperative for practitioners to understand their legal duties.

Learning outcomes:

• What the section 42 criteria means.
• An understanding of the safeguarding powers that are available to local authorities.
• How adult safeguarding interfaces with the Mental Capacity Act.