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.

The Care Act creates real, enforceable rights — but only if you know how to challenge decisions that fall short. Councils do not always follow the law correctly, and the complaints and challenge routes are often the only means of securing what you are legally entitled to.

Requesting a Review of Your Care Plan

You have the right to request a review of your care and support plan at any time — not just at the scheduled annual review. Good grounds for requesting an early review include: a significant change in your needs; a breakdown in the care being provided; failure to implement the agreed plan; or a change in your personal circumstances. Submit the review request in writing and keep a copy. The Care Act statutory guidance states that reviews should normally be conducted within a reasonable timeframe and at a time that suits you.

Formal Complaints

If a review does not resolve the problem, you can use the council's formal complaints procedure. Most councils have a two-stage process: Stage 1 (local resolution, typically 10 working days) and Stage 2 (an independent investigation, typically 25 working days). You must normally complete the council's complaints procedure before approaching the Local Government and Social Care Ombudsman (LGSCO), though you can go direct to the LGSCO if the council is taking too long (normally 12 weeks from the original complaint).

The LGSCO has wide powers: it can recommend that the council pays financial remedy, reconsiders a decision, and changes its practices. However, it cannot make legally binding orders. Where there is an ongoing risk of harm — for example, the council is refusing to fund care the person urgently needs — judicial review through the courts may be necessary to obtain an injunction or a binding ruling.

Right to an Advocate

If you have difficulty understanding information, communicating your views, or participating in the care planning or complaints process, and you have no appropriate person to support you, the council must provide an Independent Care Act Advocate. This right applies at assessment, care planning, review, and safeguarding stages. Ask the council explicitly to arrange this — it will not always be offered proactively. Advocacy services are often commissioned from organisations such as POhWER, VoiceAbility, and SEAP.

Safeguarding Concerns

If you believe a person is at risk of abuse or neglect in a care setting or at home, you can raise a safeguarding alert with the council. The council has a duty under section 42 of the Care Act to make enquiries when an adult with care and support needs is at risk of abuse or neglect. Safeguarding enquiries are separate from care quality complaints but can run in parallel. You can also report concerns about a registered provider directly to the Care Quality Commission (CQC).