Amendments

In December 2024, the link to SCIE: Equality Act 2010 – overview for social care was removed in Section 6, Further Information and Guidance, as the page is no longer available.

In December 2024, this chapter has been updated following a full tri.x legal review.

In December 2024, Section 4, Understanding the Deprivation of Liberty Safeguards was updated to provide additional clarity about continuous supervision, free to leave and state imputability. In Section 5, Receiving a Standard Authorisation Request, a ‘need to know’ box was added with information about responding to requests from an eligible person. The link to the ADASS Priority Tool for Deprivation of Liberty Requests was also updated in Section 5, Receiving a Standard Authorisation Request.

In December 2024, this chapter was amended to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource section ‘Meeting Needs’.

In December 2024, amendments were made to Section 2, An Introduction to NHS Continuing Healthcare Funding and Section 5, Providing Information and Advice about NHS Continuing Healthcare. This included adding information about PUPoC (Previously unassessed periods of care).

In December 2024, an amendment was made to Section 3, Local Joint Package of Care Arrangements to clarify that the Care and Support Statutory Guidance requires the Local Authority and ICB to agree a local dispute resolution process to resolve any disputes regarding the apportionment of funding in joint funded care and support packages.  

In December 2024, this chapter was amended to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource section ‘Meeting Needs’.

In December 2024, this chapter was replaced with an updated version following a full review. This new version reflects feedback received following a full tri.x legal review of the Care Act 2014 Resource section ‘Direct Payments’.

In December 2024, information about Sibstar was added to Section 2, Identifying Support Needs. Information was also added to Section 4, Concerns About an Appointee, Deputy or Donee, and Section 5, Exploring All Available Options, to clarify that the Court of Protection can also revoke a Deputyship or Lasting Power of Attorney. Further information was also added to Section 6, Making a Property and Affairs Deputyship Application regarding notifications. Information about fixed costs and Deputy renumeration was updated in Section 5, Exploring all Available Options.

In December 2024, this chapter was amended to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource section ‘Meeting Needs’. Section 8, Good Information and Advice and Prevention was updated to include information about carers leave.

In December 2024, this chapter was amended to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource section ‘Meeting Needs’.

In December 2024, information was added to Section 2, Notifying Others about notifications that may need to be made when a person/carer dies, including the requirement that local authorities should notify Ofsted of the death of any care leaver under the age of 25, where it is aware of their care leaver status.

In December 2024, this chapter was amended to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource section ‘Meeting Needs’.

In December 2024, Section 8, Good Information and Advice and Prevention was updated to include information about carers leave.

In December 2024, Section 1, Maintaining Confidentiality about a Person or Carer was amended to clarify that the Data Protection Act 2018 and UK GDPR do not prevent the sharing of information for safeguarding purposes. 

In December 2024, this chapter was amended to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource section ‘Meeting Needs’.

In December 2024, this chapter was amended to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource section ‘Meeting Needs’.

In December 2024, Section 5, How to Contact the Service, was updated to clarify that a request for a Mental Health Act assessment should be made at the earliest possible opportunity.

In December 2024, Section 8, Good Information and Advice and Prevention was updated to include information about carers leave.

In December 2024, this chapter was amended to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource section ‘Meeting Needs’.

In December 2024, Approved Mental Capacity Professionals were removed from the list of individuals that can apply for a Mental Health Crisis Breathing Space. Amendments were made to Section 5, Applying for a Mental Health Crisis Breathing Space. This was to reflect the changes to the definition of mental health crisis treatment that were made following the case Kaye v Lees [2023] EWCH 152.

In December 2024, Section 3, Principles of Good Recording was updated to include links to resources that support anti-discriminatory recording. 

In December 2024, Section 9, Out of Area Services was updated to clarify that Extra Care Housing is classified as specified accommodation.

In December 2024, this chapter was amended to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource section ‘Meeting Needs’.

In December 2024, the SCIE End of Life Hub was removed from Section 7, Good Practice Guidance for End of Life as it is no longer available. It was replaced with BASW guidance: The role of social workers in palliative, end of life and bereavement care. 

In December 2024, text improvements were made to this chapter. This included adding information about the Right Care Right Person guidance used by the police and the interface between the Mental Health Act and the Mental Capacity Act 2005.

In June 2024, relevant text amends have been made throughout to reflect the feedback received following a full tri.x legal review of the NHS Continuing Healthcare Procedure.

In June 2024, text amends have been made to the section 'Arranging the Assessment and Preparing the Person'. These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter 'Carrying Out an Assessment'. 

In June 2024, text amends have been made to Section 1, 'An Introduction to Continuity of Care Arrangements'. These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter 'Continuity of Care when a Person Moves'.

In June 2024, minor text amends have been made to Section 3, 'Failure of a Regulated Provider'. These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter 'Commissioning Responsibilities under the Care Act'. 

In June 2024, relevant text amends have been made throughout to reflect the feedback received following a full tri.x legal review of the Deprivation of Liberty Safeguards Procedure.

In June 2024, Section 9, 'Out of Area Services' was updated to reflect amends made previously to Ordinary Residence chapters following a legal review.

In June 2024, relevant text amends have been made throughout to reflect the feedback received following a full tri.x legal review of the NHS Continuing Healthcare Procedure.

In June 2024, a scope box has been added to top of this chapter, alerting and signposting practitioners to the statutory guidance issued in January 2024: Discharge from mental health inpatient settings. The chapter has also had a full legal review and additional information has been added in Section 5, 'Aftercare Planning and Assessment' around support to claim benefits in line with the findings of the ombudsman decision NHS Devon ICB (22 008 927b).

In June 2024, relevant text amends have been made throughout to reflect the feedback received following a full tri.x legal review. In addition to this, information about use of the ADASS Priority Tool for Deprivation of Liberty Requests was added to Section 5, 'Receiving a Standard Authorisation Request'.

In June 2024, relevant text amends have been made throughout to reflect the feedback received following a full tri.x legal review.

In June 2024, this chapter was reviewed and refreshed, including the addition of several national resources.

In June 2024, Twitter was changed to X (formerly Twitter).

In June 2024, this chapter was fully reviewed and refreshed.

In June 2024, the Home Office Status, Verification, Enquiries and Checking service email was updated.

In June 2024, text amends have been made to the section 'Preparing for the Review'. These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter 'Carrying Out an Assessment'.

In June 2024, text amends have been made to the section 'The Purpose of any Assessment'. These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter 'The Purpose of Assessment'.

In June 2024, text amends were made to reflect changes made to the chapter 'Financial Assessment'.

In June 2024, text amends were been made to the section 'Arranging the Assessment and Preparing the Carer'. These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter 'Carrying Out an Assessment'.

In June 2024, this chapter was replaced with an updated version following a full review. This new version reflects feedback received following a full tri.x legal review of the Care Act 2014 Resource section ‘Charging and Assessing Financial Resources’. 

In June 2024, text amends have been made to the section 'Arranging the Assessment and Preparing the Young Carer'. These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter 'Carrying Out an Assessment'.

In June 2024, text amends have been made to the section 'Arranging the Assessment and Preparing the Carer'. These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter 'Carrying Out an Assessment'. 

In June 2024 text amends were made to the section 'Arranging the Review and Preparing the Person'. These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter 'Carrying Out an Assessment'.

In June 2024, text amends have been made to the section 'Arranging the Assessment and Preparing the Young Person'. These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter 'Carrying Out an Assessment'.

In June 2024, text amends have been made to the section 'Arranging the Review and Preparing the Carer'. These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter 'Carrying Out an Assessment'.

In June 2024, text amends have been made to the section 'The Purpose of any Assessment'. These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter 'The Purpose of Assessment'. 

In June 2024, text amends have been made to the section 'Arranging the Assessment and Preparing the Parent Carer'. These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter 'Carrying Out an Assessment'.

In June 2024, minor text amends have been made to the section 'Applying the Eligibility Criteria'. These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter 'The National Eligibility Criteria'.

In June 2024, this new chapter has been added to the Universal Procedures section.

In June 2024, minor text amends have been made to the section 'Applying the Eligibility Criteria'. These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter 'The National Eligibility Criteria'. Additionally, includes information from the Care and Support statutory guidance about establishing whether the person's needs arise from a physical or mental impairment or illness.

In December 2023, a link to the Government 'Making Finance Decisions for Young People: Parent and Carer' Toolkit was added to the list of tools to support the Transition Plan conversation.

In December 2023, a new Section 5, Identifying Carers was added.

In December 2023, a link to the 'Supporting Migrants Lacking Mental Capacity in relation to Immigration Matters' guidance was added into Section 1, Using this Procedure and Further Guidance. A link to the government guidance 'Asylum support' was also added into Section 7, Providing Information and Advice. Additionally, Section 11, Meeting Needs and Review was updated to include Shared Lives placements.

Section 4, Understanding the Deprivation of Liberty Safeguards was updated in December 2023 to provide greater clarity on state immutability. Section 16, The Future of the Deprivation of Liberty Safeguards was also added.

At the same time, the Liberty Protection Safeguards chapter was deleted.

In December 2023, this new chapter was added.

Section 8, Reporting Concerns about a Service Provider was revised in December 2023 to better reflect the remit of the reablement team.

In December 2023, a new Section 2, Final Demand Guide was added. Updated in May 2023, the Final Demand Guide provides basic advice for health and social care workers, describing how they can practically help people with debt and mental health problems.

Section 3, Ordinary Residence was updated in December 2023 to reflect the Supreme Court judgement R (Worcestershire County Council) v Secretary of State for Health and Social Care [2023] UKSC 31. Additionally, a link to the Community Mental Health Framework for Adults and Older Adults documents was added into Section 9, Further Information.  

In December 2023, this procedure was added into the Specialist Procedures section.

In December 2023, this chapter was fully reviewed and refreshed.

In December 2023, the Ordinary Residence section was reviewed and refreshed.

In December 2023, a link to the ordinary residence section of the Section 117 Aftercare Procedure was added. Section 5, Meeting the Urgent Needs of a Person who is not Ordinarily Resident was also reviewed and refreshed.

In December 2023, information about the Caldicott Principles was added into the 'Providing Information about a Person/Carer' section.

In December 2023, information about the Caldicott Principles was added.

In December 2023, this new chapter was added into the CMHT (under 65) and (65+) Functions under the Mental Health Act section.

In December 2023, this chapter was fully reviewed and refreshed. This included moving information about Best Interests into Section 6, Applying to the Court - adding information about the National Deprivation of Liberty Court.

Section 2, Identifying Deprivations of Liberty (ages 18 and over) and Section 5, Identifying and Responding to Deprivations of Liberty (ages 16 and 17) were also updated to provide greater clarity on state imputability.

In June 2023, a subsection was added into Section 3.2, When the referral is for a needs assessment from the age of 14.

A note was also added into Section 10, Recording Outcomes and Decision Making to clarify the recording of the consideration of a Mental Capacity Assessment.

In June 2023, this new chapter was added into the 'Functions under the Mental Health Act' section of both the CMHT (under 65) and CMHT (over 65) teams. At the same time, the Care Programme Approach chapter was deleted as this was replaced by the Community Mental Health Framework.

Section 10, Advance Care Planning was refreshed in June 2023 to include information about the Universal Principles of Advance Care Planning.

In June 2023, a link was added and note advising practitioners to use the local procedure alongside the tri.x guidance.

In June 2023, information about how to make a referral for independent advocacy and to whom was added into the Using Independent Advocacy section.

The following sections were also deleted:

• Actions on behalf of an Allocated Practitioner;
• Team or Service Section; and
• Urgent or Interim Support.

In June 2023, a broken link in Section 3.1, When DFG eligibility is likely to be met was fixed.

In June 2023, information about how to make a referral for independent advocacy and to whom was added into the Using Independent Advocacy section.

In June 2023, this chapter was refreshed throughout and amended to reflect changes to the immigration status requirements for people from EEA countries.

In June 2023, a new Section 15, Challenging an Authorisation using Section 21A was added.

In June 2023, this chapter was fully reviewed and refreshed.

In June 2023, a link to the new Section 117 Aftercare procedure was added into Section 1, Section 117.

In June 2023, a broken link in Section 1, Using this Procedure was fixed.

In June 2023, information about how to make a referral for independent advocacy and to whom was added to the Using Independent Advocacy section.

In June 2023, this chapter was updated to include information about Section 21A challenges, Personal Welfare Orders and local information about applying to the Court.

In June 2023, the Link to the Bournemouth, Dorset and Poole was removed due to it being out of date.