Amendments
2024
October 2024
In October 2024, information about fixed costs and Deputy renumeration was updated in Section 5, Exploring all Available Options. 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. | |
In October 2024, this chapter was updated following a full tri.x legal review. | |
In October 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 October 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 October 2024, a scope box was 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 was given a full legal review and additional information was 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 October 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 October 2024, text amendments were made to Section 5, Arranging the Review and Preparing the Person. These amendments were made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter, Carrying Out an Assessment. | |
In October 2024, text amendments were made to Section 5, Arranging the Assessment and Preparing the Person. These amendments were made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter, Carrying Out an Assessment. | |
In October 2024, minor text amendments were made to Section 3, Applying the Eligibility Criteria. These amendments were made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter, The National Eligibility Criteria. | |
In October 2024, Approved Mental Capacity Professionals were removed from the list of individuals that can apply for a Mental Health Crisis Breathing Space. | |
In October 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 October 2024, text amendments were made to Section 4, Arranging the Assessment and Preparing the Person. These amendments were made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter, Carrying Out an Assessment. | |
In October 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 October 2024, text amendments were made to Section 3, The Purpose of any Assessment. These amendments were made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter, The Purpose of Assessment. | |
Legal Requirements of a Care and Support Plan Review and Tools | In October 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 October 2024, information about the Probation Finder was added to Section 2, Information about Prisons and Approved Premises. | |
In October 2024, text amendments were made to Section 5, Arranging the Review and Preparing the Carer. These amendments were made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter, Carrying Out an Assessment. | |
In October 2024, text amendments were made to Section 7, Preparing for the Review. These amendments were made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter, Carrying Out an Assessment. | |
In October 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 October 2024, text amendments were made to Section 3, The Purpose of any Assessment. These amendments were made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter, The Purpose of Assessment. | |
Signing Off a Care and Support Plan and Agreeing a Final Personal Budget | In October 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. |
Signing off a Support Plan and Agreeing a Final Personal Budget | In October 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 October 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 October 2024, text amendments were made to Section 5, Arranging the Assessment and Preparing the Carer. These amendments were made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter, Carrying Out an Assessment. | |
In October 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 October 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. | |
Introduction, Legal Requirements and Tools (Occupational Therapy) | In October 2024, text amendments were made to Section 3, The Purpose of any Assessment. These amendments were made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter, The Purpose of Assessment. |
Section 8, Out of Area Services was updated in October 2024 to reflect amendments made previously to Ordinary Residence chapters following a legal review and to clarify that Extra Care Housing is classified as specified accommodation. | |
Section 3, Applying the Eligibility Criteria was updated in October 2024 to include information from the Care and Support statutory guidance about establishing whether the person's needs arise from a physical or mental impairment or illness. Minor text amendments were made. These amendments were made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter, The National Eligibility Criteria. | |
Understanding and Applying Eligibility Criteria (Occupational Therapy) | Section 3, Applying the Eligibility Criteria was updated in October 2024 to include information from the Care and Support statutory guidance about establishing whether the person's needs arise from a physical or mental impairment or illness. Minor text amendments were also made. These amendments were made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter, The National Eligibility Criteria. |
Section 4, Understanding the Deprivation of Liberty Safeguards was updated in October 2024 to provide additional clarity about continuous supervision, free to leave and state imputability. A 'need to know' box was added into Section 5, Receiving a Standard Authorisation Request with information about responding to requests from an eligible person. |
April 2024
Section 4, Sections of the Mental Health Act 1983 was updated in April 2024 to include information about Section 135 (2). | |
Section 6, Making a Property and Affairs Deputyship Application was updated in April 2024 to include more information about notifications. Information about Carer's Card accounts was added into Section 2, Identifying Support Needs. | |
Section 8, Reporting Concerns about a Service Provider was revised in April 2024 to better reflect the remit of the reablement team. | |
In April 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 April 2024, text amendments were were made to reflect changes made to the chapter 'Financial Assessment'. | |
In April 2024, text amendments were made to Section 1, An Introduction to Continuity of Care Arrangements. These amendments were 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 April 2024, relevant text amendments were made throughout to reflect the feedback received following a full tri.x legal review of the NHS Continuing Healthcare Procedure. | |
In April 2024, relevant text amendments were made throughout to reflect the feedback received following a full tri.x legal review. | |
In April 2024, relevant text amendments were made throughout to reflect the feedback received following a full tri.x legal review of the NHS Continuing Healthcare Procedure. | |
In April 2024, relevant text amendments were made throughout to reflect the feedback received following a full tri.x legal review of the Deprivation of Liberty Safeguards Procedure. | |
In April 2024, relevant text amendments were 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 April 2024, this new chapter was added to the Specialist Procedures section. | |
In April 2024, this chapter was reviewed and refreshed, including the addition of several national resources. | |
In April 2024, this chapter was fully reviewed and refreshed. | |
In April 2024, this chapter was added to the Universal Procedures section. | |
In April 2024, the Home Office Status, Verification, Enquiries and Checking service email was updated. The guidance 'Supporting Migrants Lacking Mental Capacity in Relation to Immigration Matters' was added to Section 1, Using this Procedure and Further Guidance. A link to the government guidance 'Asylum support' was also added to Section 7, 'Providing Information and Advice'. | |
In April 2024, a link to the Section 117 Aftercare chapter section on ordinary residence was added. | |
In April 2024, this chapter was reviewed. As part of this review, the telephone number for iESE was removed as it is no longer valid. | |
In April 2024, this chapter was fully reviewed and refreshed. |
2023
October 2023
In October 2023, the ‘Ordinary Residence’ section was reviewed and refreshed. | |
Section 5, Meeting the Urgent Needs of a Person who is not Ordinarily Resident was reviewed and refreshed in October 2023. | |
In October 2023, this chapter was refreshed throughout and amended to reflect changes to the immigration status requirements for people from EEA countries. | |
In October 2023, this chapter was fully reviewed and refreshed. This has included providing greater clarity on state imputability and adding two new sections: Section 15, Challenging an Authorisation using Section 21A and Section 16, The Future of the Deprivation of Liberty Safeguards. At the same time, the Liberty Protection Safeguards chapter was deleted. | |
In October 2023, this new chapter was added to the section ‘Mental Health Resources’. | |
Section 3, Ordinary Residence was updated in October 2023 to reflect the Supreme Court judgement R (Worcestershire County Council) v Secretary of State for Health and Social Care [2023] UKSC 31 and a link to the Community Mental Health Framework for Adults and Older Adults was added to Section 9, Further Information. At the same time, the Care Programme Approach was deleted as the CPA was superseded by the Community Mental Health Framework. | |
Section 10, Advance Care Planning was refreshed in October 2023 to include information about the Universal Principles of Advance Care Planning. | |
In October 2023, this chapter was fully reviewed and refreshed. This included adding clarity around state imputability, moving information about Best Interests into the section ‘Applying to the Court’, adding information about the National Deprivation of Liberty Court and adding a new section ‘Challenging a DoLS Authorisation using Section 21A’. | |
In October 2023, a new section was added ‘Final Demand Guide’. 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. | |
In October 2023, this chapter was fully reviewed and refreshed. | |
In October 2023, information about the Caldicott Principles was added to the section ‘Providing Information about a Person or Carer’. |
April 2023
In April 2023, this new chapter was added to the Mental Health Resources Section. | |
In April 2023, a link was added in Section 1, Section 117 to the new Section 117 Aftercare chapter. |