Local Authority Funding for Care

If you need care and support during your daily life then your Local Authority must (subject to your agreement) undertake an assessment of your needs.

The assessment will identify how your need for care impacts upon your wellbeing, the outcomes you want to achieve and accordingly what level of care you actually need. If you already have a regular carer, then they should also be assessed (subject to their agreement) to identify whether further support is needed.

When is Local Authority care and funding provided?

Following an assessment, if your need for care is deemed to be ‘significant’ or ‘critical’ then you will be eligible for care provided by the Local Authority. Local Authorities retain a discretion to meet the needs of those who require a lower level of care, however this discretion is likely to be significantly affected by financial considerations.

If you have eligible needs, a care and support plan should be prepared. This should include a Care and support personal budget which sets out what the Local Authority believes it would cost to meet your eligible needs. The next stage is for the Local Authority to undertake a financial assessment of your assets and income in order to calculate whether you should contribute to the cost of your care and what should be funded.

How can SAS Daniels help with Local Authority funding and care?

The assessment process can be extremely complex and disputes between individuals and Local Authorities can arise. We can help you to understand what support you could receive and advise you should a dispute arise. The stress of a dispute can be minimised by ensuring that you fully understand your entitlements and eligibilities.

We can help you to understand your legal entitlement under the relevant legislation, challenge decisions and ensure your best interests are protected. If there is a dispute over which agency should be providing or funding services we can advise and help you resolve this matter.

When advising clients, our solicitors will seek to understand what is important to you and ensure that the advice they provide is bespoke to your individual needs.

Our team are experienced in dealing with a wide variety of cases involving Local Authority assessments and decision making, and will be able to provide advice no matter the difficulty of your circumstances.

We also ensure our team are easily accessible. You can visit us in either of our four offices in Stockport, Macclesfield, Chester or Congleton, whichever is easiest for you. Alternatively, we can come to you if you are home bound, in residential care or in hospital and can’t make it in to one of the offices.

If you would like more information and advice on Local Authority funding for care, please contact a member of our Elderly, Care and Mental Capacity legal team.