Your Rights Under the Care Act 2014

The Care Act 2014 establishes the following key rights for adults in England:

• Right to a care needs assessment — Anyone who appears to have care and support needs has the right to a free assessment by the council, regardless of financial situation;
• Right to have eligible needs met — If the assessment finds eligible needs, the council has a legal duty (not a discretion) to meet them. This is a significant protection — the council cannot simply say it has no budget;
• Right to a personal budget — Everyone whose needs the council meets must be given a personal budget statement showing the amount of money allocated to meet their needs;
• Right to choose how care is delivered — Including the right to request direct payments to arrange your own care;
• Right to information and advice — The council must provide accessible information and advice about care and support, regardless of whether you are eligible for funded services;
• Right to an independent advocate — If you have difficulty participating in your own assessment or care planning, the council must provide a professional independent advocate.

The Care Act significantly strengthened carers' rights compared to the previous law:

• Right to a carer's assessment — Any adult providing or intending to provide unpaid care has the right to an assessment of their own needs. This applies regardless of how much care is provided and regardless of the wishes of the cared-for person;
• Right to have eligible needs met — If the carer's assessment finds eligible needs, the council has the same legal duty to meet them as for the needs of care recipients;
• Right to a carer's personal budget — Carers with eligible needs should receive a carer's personal budget;
• Young carers' rights — Children who care for adults have specific rights to assessment under the Children Act (as amended by the Children and Families Act 2014) and transition rights under the Care Act.

One of the most important aspects of the Care Act is the wellbeing duty. Section 1 of the Act requires councils to promote individuals' wellbeing when exercising any function under the Act. Wellbeing is defined broadly to include:

• Personal dignity (including treatment with respect);
• Physical and mental health and emotional wellbeing;
• Protection from abuse and neglect;
• Control by the individual over day-to-day life;
• Participation in work, education, training, or recreation;
• Social and economic wellbeing;
• Domestic, family, and personal relationships;
• Suitability of living accommodation;
• The individual's contribution to society.

This breadth means that a care and support plan must address the whole person — not just their physical care tasks. A social worker who produces a plan focused solely on personal care tasks (washing, dressing, meals) without considering the person's social participation, relationships, and control over their life may not be fully meeting the wellbeing duty.