Eligibility Findings FAQs

A person with s117 aftercare status and services but also getting services under a parallel Care Act care package, was refused a Decision Support Tool exercise for CHC eligibility purposes, on the footing that the ICB will only let that go forwards if a clinician states that there is no longer a risk of hospitalisation due to mental health issues. Can this possibly be right?

How do assessments remain ‘carer blind’ in situations where family members are involved and provide paid care via Direct Payments?

Can I challenge Social Care on failing to meet my needs as a carer?

What considerations does a social worker need to have when an adult with eligible needs has NRPF and what additional steps are required in the assessment process?

a) Should the ICB use the Care Act when considering CHC status, e.g. to identify eligible social care needs alongside health needs? b) If so, when needs have been identified is there a legal duty to meet them?

Should the provision of a safespace/sensory space within the home (for maintaining behaviour, meeting sensory needs and reducing instances and intensity of behaviour) be part of a CHC budget? This seems to be pushed back and forth between the Health, Social Services and Disabled Facilities Grant Housing Authority teams.

Is it legal for a council to install monitoring equipment in a budget holders home, or insist they have a specialist group of council care staff put in to monitor and record that person’s needs and activities in order to continue their care budget when there has been no changes in needs?

I live with my twin brother who requires a lot of personal care (Aspergers, MECFS and had a massive stroke in 2018) but over the last two years it’s been impossible to recruit and retain PAs, because where we live is quite rural and his needs are demanding and unpredictable. We have a family friend who uses his direct payments to pay for his family who live with him for the care they give, so we asked the social worker if I could be paid to care for my brother while we live together. The social worker said it could be agreed because of the situation, but she told me if I received pay to care and my brother (who owns the house) needed to go into a care home at some point in the future they would be able to force the sale of the house to pay for his care, meaning I’d be made homeless and lose my inheritance. Is this true?

https://cascaidr.org.uk/does-someone-need-to-be-claiming-pip-to-get-a-care-package

Adult Social Care Assessments – Is there any law or principle that enables a social worker to ONLY assess what they consider social care needs and exclude anything they deem health related?

https://cascaidr.org.uk/2024/07/31/my-understanding-is-that-all-needs-should-be-assessed-then-eligibility-determined-then-anything-considered-beyond-asc-remit-passed-to-chc

https://cascaidr.org.uk/2024/07/31/however-i-cant-find-it-explicitly-stated-in-the-care-act-2014-what-constitutes-need