It is right to note that authorities have a discretion as to the form and content of the assessment process, but the Care Act places additional constraints on that discretion.
It has always been the case that it was not possible in law to require the range of people who actually make up the regular clientele of a social services department to jump through the hoop of filling out forms which the authority has itself designed. Under previous law we took the view that there needed to be at least one human face to the referral process so that people with low levels of mental health or capacity, or physical dexterity or mobility can manage to get themselves through the front end of the process and that the forms used in the context of the Single Assessment Process guidance were not intended for people’s own completion; they are to be gone through, implicitly we think face to face, and discussed before finally filled out. That guidance suggested that it would be good practice to let clients have copies in advance so that they can see the personal and daily living domains etc which will shape the process of Overview or In depth assessment – but that was not a substitute for human input from an employee of the authority.
The Care Act requirements around the involvement of clients in the assessment process further limits the discretion of local authorities in this area.
Local authorities must allow clients to undertake a supported self-assessment if they wish (Care Act assessment reg. 2). Whilst local authorities retain discretion to carry out assessment in a manner “appropriate and proportionate to the needs and circumstances of the individual to whom it relates”, they are further required to do so in a manner which “ensures that the individual is able to participate in the process as effectively as possible.” and to have regard to the wishes and preferences of the individual, the outcome sought and the severity and extent of the needs (Care Act assessment reg. 3). The guidance 6.38 says that local authorities should provide the assessment questions in advance (for some individuals this could also be a reasonable adjustment required by the Equality Act 2010).
Assessment reg 2(7) requires that the information must be provided in a format which is accessible to the individual to whom it is given. Requiring referrals to be on certain forms is not compatible with this requirement.