Care: Your rights

Assessing what help or care you need

If you find it difficult to manage day to day, you are generally entitled to a free assessment, by your local council Social Services, of what help or care you need.
If you have a disability, this is an absolute right.
An assessment must be carried out within a reasonable time.
If you are a carer, you are generally entitled to an assessment of your need for help or support, quite independently of the person you care for.

Following an assessment, the local council may offer to provide services to help you, and if so, must set out its assessment and proposed services in a care plan.
If it decides not to offer services, it must provide a written statement of the reasons for its decision.

If the assessment advises moving to a care home, you have the right to refuse.
If you decide to move, and your local council is assisting with the care home fees, you still have the right to some choice over which home you move to.

Government sets national minimum standards for care services, whether at home or in a care home. Although these are not legally enforceable, there is an expectation that they should usually be followed, and they do provide grounds for any complaint about services you are receiving.

Each council must make available its policy on charges, which must conform to national guidelines.
If the council proposes to contribute to the cost of your help or care, it must generally offer you the option of cash payments (Direct Payments) to help you purchase the services yourself.
If your needs assessment recommends moving to a care home, and you decide to do so, you have the right to a financial assessment by your local council to determine whether it will provide financial assistance. The council must follow national guidelines in conducting the financial assessment.