Social care, assessments and short breaks

In short

• Councils assess the care and support needs of disabled children and adults. The rules differ between nations, so check which one applies.
• In England, councils must consider the needs of carers for short breaks. They must also publish a short breaks services statement.
• Adults in England can ask for a direct payment to arrange their own support. In Scotland, self-directed support gives you a choice of how support is arranged.
• Before an assessment, write down your day, your needs and the outcomes you want. Bring someone you trust if that helps.

What a needs assessment is

A needs assessment is a conversation with a social worker or assessor about what support would help. It looks at what you or your child find difficult, what helps, and what you want to achieve.

For adults in England, the Care Act 2014 (section 9) says the council must assess an adult who may have care and support needs. The duty applies whatever the council thinks about the seriousness of the needs or the adult's financial resources.

For disabled children, the council assesses the child's needs and the needs of the family. In England, this is done under the Children Act 1989.

Short breaks for disabled children in England

The Breaks for Carers of Disabled Children Regulations 2011 (SI 2011/707) came into force on 1 April 2011. They set out what councils must do under paragraph 6 of Schedule 2 to the Children Act 1989.

Under these regulations, councils must:

1. have regard to the needs of carers who would be unable to continue caring without breaks, and to carers who would care more effectively with breaks
2. publish a short breaks services statement on their website, describing the services, eligibility criteria and how they meet local carers' needs
3. keep that statement under review and consider carers' views when revising it

These regulations apply in England. Check the rules in your nation.

Carers' assessments

You may be entitled to your own carer's assessment as well as an assessment for the person you care for. The rules are in the Care Act 2014 (section 10) in England, the Social Services and Well-being (Wales) Act 2014 (section 24) in Wales, and the Carers (Scotland) Act 2016 in Scotland. For more detail, see the guide on your rights as a carer.

Direct payments and personal budgets

A personal budget is the amount the council expects to spend on your care and support. In England, under section 31 of the Care Act 2014, if you have capacity to make the request, the council must make direct payments to you or to a nominated person, if it is satisfied that you can manage the payments and that direct payments are an appropriate way to meet your needs.

In Scotland, self-directed support gives you four options:

• Direct payment: you receive money to arrange your own support.
• Individual Service Fund: you choose the support, and the council arranges it.
• Council arranges support: the council chooses and arranges the support.
• A mixture: you choose which parts you manage and which the council handles.

Each council sets its own rules for who can get this support. In Wales and Northern Ireland, ask your council or Health and Social Care (HSC) Trust how direct payments and personal budgets work.

Preparing for an assessment

• Write down a typical day for you or your child. Include the help needed, the difficulties and the times when things are hardest.
• Note what you want to change. Describe the outcome, not only the problems.
• Ask for a copy of the assessment record and read it before any decision is made.
• Under the Care Act, you can ask the council to involve a friend, relative or carer in the assessment.

If you are unhappy with the outcome

Ask the council for a written explanation of its decision. Ask how to make a complaint, and keep a note of the dates and who you spoke to.

This guide is general information, not legal or financial advice.