The Care Act 2014 in England gives people rights around choice and control over their care.
In addition to the right to ask their local council for a Care Needs Assessment, if you qualify for council support, you must be given a personal budget – this is the amount the council thinks your care should cost.
The Act requires councils to involve you (and, if you want, your family or advocate) in all decisions about your care and support. The Act places a legal duty on councils to promote your wellbeing, which includes personal dignity, control over day-to-day life, and participation in work, education, and community.
So while the Act doesn’t say in one sentence “you have the right to choose your own care,” it sets out a framework that enshrines choice, control, and independence as your right.
Find out more about this process in this video….
If you need help at home, you can ask Staffordshire County Council’s Adult Social Care team for a Care Needs Assessment.
This is a free check to see what support you need day-to-day, like washing, dressing, cooking, or moving around safely, and if you qualify for care, what the Authority will help pay for.
The assessment is usually done by a social worker, care assessor, or occupational therapist. Sometimes, health staff are involved too.
To apply for a care needs assessment call Staffordshire Cares on 0300 1118010 or apply online through GOV.UK.
The council applies the Care Act national eligibility criteria. You qualify if:
If you are eligible, you will be given a Care and Support Plan showing:
The Social Care Team may arrange home care for you through their brokerage system, or you can ask to choose your own support. Any support you choose has to achieve the aims of the support plan.
If you’re not eligible for care, the council must still provide you with free advice about other community support available to you.
Even if you plan to arrange your own care privately, it’s worth having an assessment – it will help explain to carers or agencies what support you need.
The Local Authority may pay for some of your care. The process is means-tested, ie the Authority will work out if and what they will pay based on your income and savings. They will then allocate a budget.
If you have savings and assets exceeding £23,250, you’ll usually have to pay the full cost.
If you have between £14,250 and £23,250 → the council will contribute, but you’ll also pay part of the cost.
If you have less than £14,250 → your savings are ignored, but you’ll still contribute from your income if you can afford it.
You can take this budget as direct payments (money paid to you each month). This lets you choose, arrange and make payments for your own care.
Nb. You need to understand that if you select a Personal Assistant, you’ll take on responsibilities as their employer. If you choose a micro provider, you are contracting a self-employed person or a small organisation. This is important because it determines who is responsible for Tax, Insurance, pensions, holiday pay and many other considerations.
Depending on your circumstances, you may also qualify for benefits to help pay for care, such as:
These are not means-tested, so your income or savings don’t affect them.
Several charities offer free, expert help with benefits:
Find out more about these charities and support services and how to get in touch with them here.
You can also find other services like these on Simply Connect Staffordshire – connecting you to your local community.
