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Amendments

2024

October 2024

Introduction, Legal Requirements and Tools

In October 2024, text amendments were made to the ‘The Purpose of any Assessment’ section. 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’.

Introduction, Legal Requirements and Tools (Occupational Therapy)

Introduction, Legal Requirements and Tools (Carers)

Death of a Person or Carer

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

Direct Payments

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’.

Preparing to Establish Needs (Carers)

In October 2024, text amendments were made to the ‘Arranging the Assessment and Preparing the Person’ section. 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’. 

Preparing to Establish Needs (Occupational Therapy)

Preparing to Establish Needs (Child's Needs Assessment)

Preparing to Establish Needs

Debt Respite Scheme (Breathing Spaces) Procedure

In October 2024, Approved Mental Capacity Professionals were removed from the list of individuals that can apply for a Mental Health Crisis Breathing Space.

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’.

The Full Review Conversation (Carers)

Support Planning

Legal Requirements of a Care and Support Plan Review and Tools

The Light Touch Review Conversation

Setting an Indicative Budget

Care and Support Planning

Understanding the Mental Health Act 1983

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.

End of Life Procedures and Practice Guidance

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.

Deputyship and Financial Affairs

In October 2024, information about fixed costs and Deputy renumeration was updated in Section 5, Exploring all Available Options.

Prisons and Approved Premises

In October 2024, information about the Probation Finder was added to Section 2, Information about Prisons and Approved Premises.

Understanding and Applying Eligibility Criteria (Carers)

In October 2024, minor text amendments were made to the ‘Applying the Eligibility Criteria’ section. 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’.

Deprivation of Liberty Safeguards Procedure

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. 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.

Deciding the Outcome of a Contact or Review Request

Section 3, What must be considered was updated in October 2024 to reflect other chapters in the manual.

Understanding and Applying Eligibility Criteria (Occupational Therapy)

In October 2024, minor text amendments were made to the ‘Applying the Eligibility Criteria’  section. 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 3, Applying the Eligibility Criteria was also updated 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.

Understanding and Applying Eligibility Criteria

Arranging Support and Services

Section 9, Out of Area Services was updated in October 2024 to clarify that Extra Care Housing is classified as specified accommodation reflect amendments made previously to Ordinary Residence chapters following a legal review.

Recognising and Responding to Deprivations of Liberty

In October 2024, this chapter was updated following a full tri.x legal review.

Preparing to Carry out a Care and Support Plan Review

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’.

Section 117 Aftercare

In October 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). (tri.x link NHS Devon ICB (22 008 927b).

Social Media (use of)

In October 2024, References to Twitter were changed to X (formerly twitter).

April 2024

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.

Service Interruptions and Provider Failure

In April 2024, minor text amendments were made to Section 3, Failure of a Regulated Provider. These amendments were 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’.

Requesting a Financial Assessment

In April 2024, text amendments were made to reflect changes made to the chapter ‘Financial Assessment’.

Continuity of Care Arrangements

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’.

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.

Recognising and Responding to Deprivations of Liberty

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.

Joint Packages of Health and Social Care

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.

NHS-funded Nursing Care Procedure (FNC)

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.

Deputyship and Financial Affairs

 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 to Section 2, Identifying Support Needs.

Equality, Diversity and Human Rights

In April 2024, this new chapter was added to the Specialist Procedures section.

Ordinary Residence Procedure

In April 2024, a link to the Section 117 Aftercare chapter section on ordinary residence was added.

Discharge to Assess (Home First)

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

Receiving a Contact or Referral

In April 2024, a new Section 5, Identifying Carers was added.

No Recourse to Public Funds (NRPF)

In April 2024, the Home Office Status, Verification, Enquiries and Checking service email was updated. In addition, a link to the government guidance ‘Asylum support’ was added to Section 7, Providing Information and Advice.

Acting as an Appropriate Adult

In April 2024, this new chapter was added to the Specialist Procedures section.

The Transition Plan

In April 2024, the government toolkit ‘Making Finance Decisions for Young People: Parent and Carer Toolkit’ was added to the list of tools to support the Transition Plan conversation.

Actions and Next Steps

In April 2024, this chapter was updated.

Prisons and Approved Premises

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

Financial Assessment

This chapter was replaced in April 2024 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’.

2023

October 2023

Debt Respite Scheme (Breathing Spaces) Procedure

In October 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.

End of Life Procedures and Practice Guidance

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

No Recourse to Public Funds (NRPF)

In October 2023, this chapter was refreshed throughout and amended to reflect changes to the immigration status requirements for people from EEA countries. The guidance 'Supporting Migrants Lacking Mental Capacity in Relation to Immigration Matters' was also added into Section 1, Using this Procedure and Further Guidance.

Actions and Next Steps (Duty Short Term)

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

Actions and Next Steps (Duty Long Term)

Deprivation of Liberty Safeguards Procedure

In October 2023, this chapter was fully reviewed and refreshed. This 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.

Recognising and Responding to Deprivations of Liberty

In October 2023, this chapter was fully reviewed and refreshed. This included adding clarity around state imputability, moving information about Best Interests into Section 6, Applying to the Court, adding information about the National Deprivation of Liberty Court and adding a new Section 8, Challenging a DoLS Authorisation using Section 21A.

Providing Information about a Person or Carer

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

Actions and Next Steps (Carers)

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

Section 117 Aftercare

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 into Section 9, Further Information.

Ordinary Residence Procedure

Section 5, Meeting the Urgent Needs of a Person who is not Ordinarily Resident was reviewed and refreshed in October 2023.

Deciding the Outcome of a Contact or Referral

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

Deciding the Outcome of a Contact or Referral (HLT)

Deciding the Outcome of a Contact or Referral (Duty Short Term)

Deciding the Outcome of a Contact or Referral (Carers)

Deciding the Outcome of a Contact or Referral (Occupational Therapy)

Contact and Referral Adult Care and Support Procedures

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

Actions and Next Steps (Review Team)

Actions and Next Steps

Actions and Next Steps (HLT)

Actions and Next Steps (Occupational Therapy)

Deputyship and Financial Affairs

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

NHS-funded Nursing Care Procedure (FNC)

NHS Continuing Healthcare Procedure

Joint Packages of Health and Social Care

Understanding the Mental Health Act 1983

In October 2023, this new chapter was added to the Community Mental Health Team and the Community Older Adult Mental Health Service sections.

Community Mental Health Framework