Regarding CHC decision-making for CHC eligible people – is there a right to have a Social Worker involved in care planning if you are CHC eligible, or is this up to the individual ICB?

You can read up about who needs to be involved here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1087562/National-Framework-for-NHS-Continuing-Healthcare-and-NHS-funded-Nursing-Care-July-2022-revised.pdf starting with paras 141 about the Multidisciplinary team and then paras 185 and 186.

in essence there is no right to have a social worker involved, given the definition of the required multi-disciplinary team does not stipulate that a social worker must be one of them. 

First time around, if a person is being transferred from council to ICB responsibility, there is more likely to have been a social worker involved, and a reasonably up to date social services (Care Act) assessment but there is not the same likelihood on Review.

It’s not nearly so likely if the ICB has accommodated the person out of area for whatever reason. 

See paras 206 and 207 for the position on review. Look at page 45 and practice guidance point 48.1 too for more helpful references.

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