The Care Act 2014 — Your Rights to Social Care

Overview of the Care Act 2014 (England)

The Care Act 2014 is the primary piece of legislation governing adult social care in England. It came into force in April 2015, replacing a patchwork of older legislation — some of it dating back to the 1940s — with a single, coherent framework.

Before the Care Act, different councils applied different eligibility thresholds, assessed needs in different ways, and had inconsistent duties towards carers. The result was a postcode lottery of social care support. The Care Act ended much of that inconsistency by establishing national standards that all councils must follow.

The Act governs:

• How local authorities assess adult care needs
• Who is eligible for publicly funded care support
• How much people must contribute to the cost of their care
• The rights of carers to their own assessments and support
• The duty of local authorities to promote individual wellbeing
• Safeguarding duties to protect adults from abuse and neglect

Important note: The Care Act 2014 applies to England only. Scotland, Northern Ireland and other parts of the UK have separate legislation (see the section on other nations at the bottom of this page).

The Wellbeing Principle

The wellbeing principle is the philosophical foundation of the Care Act. It requires local authorities, when carrying out their functions under the Act, to promote the wellbeing of the individual — not merely to meet a list of care tasks.

This is a significant shift from earlier law. Previously, the focus was largely on identifying specific deficits and providing services to fill them. The Care Act requires a more holistic approach that treats the person as a whole human being with goals, relationships, preferences and a life beyond their care needs.

The 9 areas of wellbeing

The Care Act specifies nine areas that local authorities must consider when making decisions about a person's care and support:

1. Personal dignity — including treatment with respect
2. Physical and mental health and emotional wellbeing
3. Protection from abuse and neglect
4. Control over day-to-day life — including control over how care and support is provided
5. Participation in work, education, training and recreation
6. Social and economic wellbeing
7. Domestic, family and personal relationships
8. Suitability of living accommodation
9. Contribution to society

When you are being assessed for care needs, you are entitled to expect that the assessor will explore all of these areas — not just whether you can wash and dress independently. If an assessment focuses only on physical tasks and ignores your social isolation, your relationships or your ability to participate in meaningful activities, you can challenge it as incomplete.

Right to a Needs Assessment

Any adult who appears to need care and support has the right to a free Needs Assessment from the local authority. This is one of the most important rights in the Care Act, and it is often one of the least understood.

Who has this right?

The right applies to any adult who appears to have needs — regardless of:

• Your income or savings (the assessment is separate from any means test)
• Whether the council thinks you might be eligible or not
• How much or how little care you think you need
• Whether you are already receiving care arranged privately
• Whether you have previously been assessed

The legal test is deliberately low: the council must assess if it "appears" that you may have needs for care and support. This means you only have to show that there is a possibility — not a certainty — that you have care needs. The council cannot refuse to assess you simply because it suspects you will not be eligible.

How to request an assessment

Call your local council's Adult Social Care team and ask for a "Care Act Needs Assessment". Many councils also accept online requests. You can find your council at gov.uk/find-local-council. You can also ask a carer, GP, district nurse, hospital social worker or other professional to refer you.

Who carries out the assessment?

A social worker or another suitably qualified practitioner from the council must carry out the assessment. They are required to use a strengths-based approach — meaning they should focus on what you can do and what matters to you, as well as identifying where you need support.

What the assessment covers

The assessment must be holistic and person-centred. It should cover:

• What you can and cannot do in daily life — including activities of daily living
• What outcomes matter to you and what you want to achieve
• The impact of your care needs on your wellbeing (across all 9 areas above)
• Your circumstances — including your housing, relationships, support networks and employment
• Any caring responsibilities you have for children or other adults
• Whether informal support from family or friends is reliable and sustainable

National Eligibility Criteria

Following a Needs Assessment, the council applies the national eligibility threshold set out in the Care and Support (Eligibility) Regulations 2015. This threshold is the same across all councils in England.

The three-part test

You have eligible needs under the Care Act if all three of the following conditions are met:

1. Your needs arise from or are related to a physical or mental impairment or illness
2. As a result of those needs, you are unable to achieve two or more of the 10 specified outcomes
3. As a consequence, there is (or is likely to be) a significant impact on your wellbeing

The 10 specified outcomes

The 10 outcomes are things that adults need to be able to do to live a decent and independent life:

1. Managing and maintaining nutrition
2. Maintaining personal hygiene
3. Managing toilet needs
4. Being appropriately clothed
5. Maintaining a habitable home environment
6. Being able to make use of the home safely
7. Developing and maintaining family or other personal relationships
8. Accessing and engaging in work, training, education or volunteering
9. Making use of necessary facilities or services in the local community (including public transport and recreational facilities)
10. Carrying out any caring responsibilities for a child

What does "unable to achieve" mean?

"Unable to achieve" is interpreted broadly. It includes being:

• Unable to carry out the activity at all
• Unable to carry it out without assistance from another person
• Unable to carry it out without risking significant pain, distress or anxiety
• Unable to carry it out without endangering health or safety (their own or another person's)
• Unable to carry it out within a reasonable time period (i.e. it takes significantly longer than would normally be expected)

This broad interpretation means that struggling to do something — even if you can technically manage — may still count as "unable to achieve" it for eligibility purposes.

Financial Assessment (Means Test)

If you have eligible care needs, the council will carry out a financial assessment (means test) to determine how much you will need to contribute towards the cost of your care. This is entirely separate from the eligibility assessment.

Capital thresholds 2025/26

• Above £23,250: You are expected to pay the full cost of your care (known as a "self-funder")
• Between £14,250 and £23,250: You contribute on a sliding scale based on capital above £14,250
• Below £14,250: Your capital is disregarded; the council contributes to your care costs and you may make a contribution from income

What counts as capital? Savings, investments and most property. However, your home is not counted if you live in it and are receiving home-based care (it is only counted if you move into a care home, and even then there are disregards for spouses and certain dependants).

The Care Cost Cap

The Care Act included provision for a lifetime cap on personal care costs. The cap is set at £86,000 and was due to come into effect from October 2025 — however, implementation has been subject to ongoing delays and policy review. Check with your local authority or the government's social care information pages for the current status of the cap before relying on it in financial planning.

Right to Direct Payments

If you have eligible needs and the financial assessment shows you are entitled to funded care, you have a legal right to choose how that care is delivered. The most flexible option is Direct Payments.

Direct Payments mean the council pays money directly to you (or someone you trust to manage it on your behalf) and you use that money to arrange your own care. This gives you:

• The freedom to choose your own care provider or personal assistant
• Control over when and how care is delivered
• The ability to use funds flexibly — for example, for a regular activity that supports your wellbeing, not just physical care tasks

The council cannot force you to accept council-arranged care if you want Direct Payments. For a full guide to how Direct Payments work, including how to employ a personal assistant: Direct Payments — Full Guide.

Right to Be Involved in Care Planning

The Care Act places a strong duty on local authorities to involve you in all stages of your assessment and care planning. This is not a courtesy — it is a legal requirement.

In practice this means:

• You must be fully involved in the Needs Assessment process
• Your wishes, feelings and preferences must be taken into account in the care plan
• You can have a carer, family member or independent advocate present at assessments and reviews
• If you have difficulty communicating your views due to your condition, the council must make reasonable adjustments to enable you to participate — including arranging an Independent Mental Capacity Advocate (IMCA) if needed
• You must be given a copy of your care plan
• Your care plan must be reviewed regularly, and you can request an early review if your needs change

Right to Appeal and Complain

If you disagree with the outcome of a Needs Assessment — for example, if you believe you have been wrongly found ineligible, or if your care plan does not adequately meet your needs — you have options:

• Request a review: Ask the council to review the assessment decision. A different assessor should carry out the review.
• Formal complaint: Use the council's formal complaints procedure. Councils are required to have a complaints process and must respond within a set timeframe.
• Local Government and Social Care Ombudsman (LGSCO): If the council's complaints procedure has been exhausted and you are still not satisfied, you can complain to the LGSCO — an independent body that investigates complaints about councils and can recommend remedies including financial compensation. Contact: 0300 061 0614 or lgo.org.uk.

For a step-by-step guide to making a complaint, see: How to Make a Complaint — Full Guide.

Note on Other UK Nations

This guide covers the law in England only. Adult social care is devolved, meaning each nation in the UK has its own legislation:

• Scotland: The Social Care (Self-directed Support) (Scotland) Act 2013 governs self-directed support, personal budgets and direct payments. The Public Bodies (Joint Working) (Scotland) Act 2014 set up Health and Social Care Partnerships.
• Northern Ireland: Adult social care is provided by Health and Social Care Trusts under the Health and Social Care (Reform) Act (Northern Ireland) 2009. Needs assessment rights are similar in principle but governed by different regulations.

If you are based outside England, the principles in this guide may be helpful for understanding how the system works, but you should seek advice from a local organisation familiar with the law in your nation.