Adult Social Care Rights

Adult Social Care services play an important role in supporting adults who may need assistance because of age, disability, illness, mental health conditions, learning disabilities, physical impairments, sensory impairments, or other circumstances affecting their ability to live independently.

Local Authorities (Councils) have legal duties to assess needs, provide support where eligible, protect vulnerable adults from abuse and neglect, and promote wellbeing, independence, dignity, and choice.

Adult Social Care is not simply about care services. It is about helping people live safe, independent, fulfilling lives while ensuring they remain involved in decisions affecting them.

The law recognises that people should be treated with dignity, respect, and fairness, and should be supported to make their own decisions wherever possible.

What Is Adult Social Care?

Adult Social Care refers to services and support provided to adults who need assistance with daily living, personal care, safety, wellbeing, independence, or participation in community life.

Support may be required because of:

• Physical disabilities
• Learning disabilities
• Mental health conditions
• Long-term illnesses
• Age-related conditions
• Sensory impairments
• Brain injuries
• Autism
• Dementia
• Other care and support needs

Legal Framework

Adult Social Care operates under several important legal frameworks.

Care Act 2014

The primary legislation governing Adult Social Care in England.

The Act places duties on councils relating to:

• Care assessments
• Support planning
• Carers' rights
• Safeguarding adults
• Prevention of needs
• Independent living
• Wellbeing

Mental Capacity Act 2005

Provides legal protections where a person may have difficulty making certain decisions.

Equality Act 2010

Protects individuals from discrimination and supports accessibility and reasonable adjustments.

Human Rights Act 1998

Protects dignity, privacy, family life, autonomy, and fair treatment.

Data Protection Act 2018 & UK GDPR

Protect personal information and provide information rights.

Care Assessments

What Is A Care Assessment?

A Care Assessment is usually the first step in accessing Adult Social Care support.

Councils have a duty to assess an adult where it appears they may have care and support needs.

The Purpose Of An Assessment

The assessment helps identify:

• Daily living difficulties
• Support needs
• Risks
• Desired outcomes
• Independence goals
• Available support networks

Areas That May Be Considered

Examples include:

• Personal care
• Mobility
• Nutrition
• Medication management
• Communication
• Safety
• Mental wellbeing
• Social participation
• Employment or education
• Relationships and family support

Eligibility For Support

Following an assessment, the council will consider whether the person meets eligibility criteria under the Care Act 2014.

Eligibility decisions are based upon:

• Needs arising from impairment or illness
• Impact on daily living
• Impact on wellbeing and independence

Each case should be assessed individually.

Support Planning

Where eligible needs are identified, the council may prepare a Care and Support Plan.

What Is A Support Plan?

A support plan sets out:

• The person's needs
• Agreed outcomes
• Support to be provided
• Personal goals
• Review arrangements

Person-Centred Planning

The individual should normally be involved in planning and decision-making wherever possible.

Support should focus on:

• Independence
• Choice
• Wellbeing
• Personal outcomes

Personal Budgets & Direct Payments

Some individuals may receive a Personal Budget.

This is the amount identified to help meet eligible care needs.

Direct Payments

In some circumstances, individuals may receive Direct Payments, allowing them greater control over how support is arranged.

This may help people:

• Employ personal assistants
• Arrange care services
• Purchase agreed support

Advocacy Services

What Is Advocacy?

Advocacy involves independent support to help people understand information, express views, participate in decisions, and protect their rights.

Independent Advocacy

Under certain circumstances councils may have duties to arrange independent advocacy.

This may apply where a person:

• Has substantial difficulty participating in decisions.
• Has no suitable person to support them.

Advocates May Help With

• Assessments
• Care planning
• Reviews
• Complaints
• Safeguarding processes

Safeguarding Support

Councils have legal safeguarding responsibilities under the Care Act 2014.

Adult Safeguarding

Safeguarding protects adults who:

• Have care and support needs.
• Are experiencing or at risk of abuse or neglect.
• Cannot adequately protect themselves.

Types Of Safeguarding Concerns

Examples include:

• Physical abuse
• Emotional abuse
• Financial abuse
• Neglect
• Domestic abuse
• Sexual abuse
• Discriminatory abuse
• Organisational abuse
• Modern slavery

Safeguarding Enquiries

Councils may investigate concerns and work with other agencies to reduce risks and promote safety.

Independent Living Support

A key principle of Adult Social Care is supporting people to live as independently as possible.

Support May Include

• Home adaptations
• Assistive technology
• Mobility support
• Community services
• Personal assistants
• Supported living arrangements
• Social inclusion programmes

Promoting Independence

Councils should focus on helping people achieve the greatest level of independence possible rather than creating unnecessary dependency.

Carers' Rights

The Care Act 2014 recognises the important role played by unpaid carers.

Carers Assessments

Carers may have the right to:

• Request an assessment.
• Discuss support needs.
• Explore wellbeing concerns.

Support For Carers

Support may include:

• Respite services
• Practical support
• Information and advice
• Emotional support

Mental Capacity & Decision Making

People should generally be supported to make their own decisions wherever possible.

Mental Capacity Act Principles

Key principles include:

✓ Presumption of capacity.

✓ Support to make decisions.

✓ Respect for individual choices.

✓ Least restrictive options.

Your Rights In Adult Social Care

Adults receiving support generally have the right to:

✓ Be treated fairly and respectfully.

✓ Have their needs assessed.

✓ Participate in decisions.

✓ Receive clear information.

✓ Request reasonable adjustments.

✓ Access advocacy services where eligible.

✓ Receive safeguarding protection.

✓ Challenge decisions.

✓ Make complaints.

✓ Access personal information.

Reasonable Adjustments

Under the Equality Act 2010 councils may need to consider reasonable adjustments.

Examples include:

• Accessible communication
• Alternative document formats
• Longer appointments
• Interpreters
• Home visits
• Accessible meetings

People should not be disadvantaged because of disability or health conditions.

Evidence Standards Handbook

Good evidence can help ensure needs are properly understood.

Examples include:

Medical Evidence

• GP letters
• Consultant reports
• Hospital records

Care Evidence

• Existing care plans
• Occupational therapy reports
• Assessments

Financial Evidence

• Benefits information
• Direct payment records

Advocacy Evidence

• Support worker reports
• Advocacy records

Record Keeping

Keep copies of:

• Assessments
• Support plans
• Reviews
• Emails
• Letters
• Complaint responses

Advanced Claimant Protection

Individuals should remember:

Right To Be Heard

Right To Participate

Right To Submit Evidence

Right To Accessibility

Right To Independent Advocacy

Right To Challenge Decisions

Right To Accurate Records

Right To Accountability

Public authorities remain accountable for decisions affecting individuals.

Complaints & Accountability

If concerns arise you may be able to:

Request A Review

Challenge Inaccuracies

Make A Formal Complaint

Contact Senior Managers

Contact Elected Councillors

Escalate To The Local Government & Social Care Ombudsman

Where appropriate.

Useful Resources

Care Act Guidance:

https://www.gov.uk/government/publications/care-act-statutory-guidance

Find Your Local Council:

https://www.gov.uk/find-local-council

Local Government & Social Care Ombudsman:

https://www.lgo.org.uk

Care Quality Commission:

https://www.cqc.org.uk

Age UK:

https://www.ageuk.org.uk

Mind:

https://www.mind.org.uk

Citizens Advice:

https://www.citizensadvice.org.uk

Adult Social Care Rights Checklist

✓ Request a Care Assessment if needed.

✓ Participate in support planning.

✓ Ask for written decisions.

✓ Request advocacy support where appropriate.

✓ Report safeguarding concerns promptly.

✓ Request reasonable adjustments.

✓ Keep copies of all documents.

✓ Challenge inaccuracies.

✓ Use complaints procedures where necessary.

✓ Remain involved in decisions affecting your life.

Key Message

Adult Social Care exists to support adults with care and support needs while promoting independence, dignity, wellbeing, and choice. Councils have important legal duties under the Care Act 2014 to assess needs, provide support where eligible, safeguard vulnerable adults, and ensure people are involved in decisions affecting their lives.

Understanding your rights, keeping good records, providing evidence, and using review and complaint procedures where necessary can help ensure support is delivered fairly, lawfully, and in a way that respects individual needs, rights, and independence.