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Changes over time for: Section 24
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Changes to legislation:
Care Act 2014, Section 24 is up to date with all changes known to be in force on or before 17 December 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
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Changes and effects yet to be applied to Section 24:
- s. 24(3) substituted by 2022 c. 31 s. 166(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 15(2)-(3B) substituted for s. 15(2)(3) by 2022 c. 31 s. 166(2)
- s. 26(1)-(2A) substituted for s. 26(1)(2) by 2022 c. 31 s. 166(4)
24The steps for the local authority to takeE+W
This section has no associated Explanatory Notes
(1)Where a local authority is required to meet needs under section 18 or 20(1), or decides to do so under section 19(1) or (2) or 20(6), it must—
(a)prepare a care and support plan or a support plan for the adult concerned,
(b)tell the adult which (if any) of the needs that it is going to meet may be met by direct payments, and
(c)help the adult with deciding how to have the needs met.
(2)Where a local authority has carried out a needs or carer's assessment but is not required to meet needs under section 18 or 20(1), and does not decide to do so under section 19(1) or (2) or 20(6), it must give the adult concerned—
(a)its written reasons for not meeting the needs, and
(b)(unless it has already done so under section 13(5)) advice and information about—
(i)what can be done to meet or reduce the needs;
(ii)what can be done to prevent or delay the development by the adult concerned of needs for care and support or of needs for support in the future.
(3)Where a local authority is not going to meet an adult's needs for care and support, it must nonetheless prepare an independent personal budget for the adult (see section 28) if—
(a)the needs meet the eligibility criteria,
(b)at least some of the needs are not being met by a carer, and
(c)the adult is ordinarily resident in the authority's area or is present in its area but of no settled residence.
Modifications etc. (not altering text)
C1Pt. 1 modified (1.4.2015) by The Care and Support (Isles of Scilly) Order 2015 (S.I. 2015/642), arts. 1, 2(2)(a); S.I. 2015/993, art. 2(a)
C2Pt. 1 applied in part (with modifications) (1.4.2015 coming into force in accordance with reg. 1(1)) by The Care and Support (Children's Carers) Regulations 2015 (S.I. 2015/305), regs. 1(1), 2(1)(a)(2), 4-12; S.I. 2015/993, art. 2(q)
Commencement Information
I1S. 24(1)(2) in force at 1.4.2015 by S.I. 2015/993, art. 2(e) (with transitional provisions in S.I. 2015/995)
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Alright, buckle up for a deep dive into the UK Care Act 2014, Section 24. I'll walk you through the key concepts and shed light on the intricacies of the legislation.
First off, the Care Act 2014 is a comprehensive piece of legislation in the UK that governs social care for adults and their carers. Section 24 specifically deals with the steps a local authority must take in certain situations.
Here's the breakdown:
Section 24: The steps for the local authority to take
(1) Responsibilities when required to meet needs:
- When a local authority is required to meet needs under section 18 or 20(1) or decides to do so under section 19(1) or (2) or 20(6), it must:
- (a) Prepare a care and support plan or a support plan for the adult concerned.
- (b) Inform the adult which (if any) of the needs it is going to meet may be met by direct payments.
- (c) Assist the adult in deciding how to have the needs met.
(2) Responsibilities when not required to meet needs:
- If a local authority has conducted a needs or carer's assessment but is not required to meet needs under section 18 or 20(1), and decides not to do so under section 19(1) or (2) or 20(6), it must:
- (a) Provide written reasons for not meeting the needs.
- (b) Offer advice and information about:
- (i) Actions that can be taken to meet or reduce the needs.
- (ii) Actions that can be taken to prevent or delay the development of needs for care and support or support in the future by the adult concerned.
(3) Independent personal budget:
- Even if a local authority decides not to meet an adult's needs for care and support, it must still prepare an independent personal budget for the adult if:
- (a) The needs meet the eligibility criteria.
- (b) Some needs are not being met by a carer.
- (c) The adult is ordinarily resident in the authority's area or is present in its area but of no settled residence.
Modifications and Commencement Information:
- There are modifications to Part 1, introduced on 1st April 2015, related to the Isles of Scilly.
- Part 1 is also applied in part (with modifications) by the Care and Support (Children's Carers) Regulations 2015.
Commencement Information:
- Section 24(1)(2) came into force on 1st April 2015.
This legislation is a crucial framework ensuring that local authorities follow a structured approach in assessing and meeting the needs of adults requiring care and support. If you have any specific questions or need further clarification on any point, feel free to ask!
