Disabled Adults

December 22nd, 2021

Section 1 of the Care Act 2014 (the Act) creates a general duty for local authorities to promote individual well-being (not defined in the Act) when exercising a function under Part 1 of the Act. Section 9 creates a duty to assess an adult’s needs for “care and Support”. . . Section 13 imposes a duty to determine whether any assessed needs meet the relevant eligibility criteria under Regulations. Section 18 imposes a duty to meet the needs of disabled adults for both “care” and “support”. Section 19 confers a power to meet an individual’s needs for “care and support” in circumstances where the Section 18 duty does not arise. By Sections 24 & 25 a Care and Support Plan must be prepared.

The term “care and support” is central to the Act, but is not defined in the Act. R (BG) v Suffolk County Council (2021) EWHC 3368 (Admin) addresses the meaning of “support”, and holds that it has a “broad meaning”: paras 115-117.

This includes paying towards the costs of holidays and other recreational activities, arising from an identified need arising from disability: paras 121/122 & 126.

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