CHAPTER 8
Community care assessments
8.6Legislative and administrative framework 8.8Assessment key features A low threshold A free service Matters to be covered Process
8.17Different types of assessments 8.20Other publicly available material on assessment and care planning 8.24The previous legislative scheme 8.25Children in transition Cases
Threshold for assessments
8.48R v Bristol CC ex p Penfold (1997–8) 1 CCLR 315, QBD The threshold for an assessment is low and the duty arises irrespective of the likelihood of resources being available to meet the need
8.49R v Berkshire CC ex p P (1997–8) 1 CCLR 141, QBD The duty to assess arises whenever there is a power to make provision
8.50R (NM) v Islington LBC [2012] EWHC 414 (Admin), (2012) 15 CCLR 563 There is no duty to assess a prisoner until the Parole Board has decided in principle the should be released, or MAPPA needs information about what care services would be available
Urgent cases
8.51R (AA) v Lambeth LBC [2001] EWHC 741 (Admin), (2002) 5 CCLR 36 The court is entitled to order a local authority to provide services pending assessment, even where the local authority does not consider that the criteria for interim provision are met
8.52R (Alloway) v Bromley LBC [2004] EWHC 2108 (Admin), (2005) 8 CCLR 61 Services may be provided pending completion of a re-assessment even in cases where there have been prior assessments
Nature of an assessment
8.53R v Avon CC ex p M (1999) 2 CCLR 185, [1994] 2 FCR 259, QBD An assessment must also encompass psychological needs and an authority had to have strong reasons for diverging from the cogently reasoned conclusions of a complaints panel
8.54R v Bristol CC ex p Penfold (1997–8) 1 CCLR 315, QBD An assessment must fully explore needs
8.55R v Haringey LBC ex p Norton (1997–8) 1 CCLR 168, QBD An assessment must explore social and recreational needs, not just social care needs
Assessment process
8.56R v North Yorkshire CC ex p William Hargreaves (1997–8) 1 CCLR 104, QBD Account must be taken of the service user’s views even where they are difficult to ascertain, for whatever reason
8.57R v Islington LBC ex p Rixon (1997–8) 1 CCLR 119, QBD Assessments are central; they must comply in substance with statutory guidance and demonstrably have regard to relevant departmental guidance
8.58R v Kensington and Chelsea RLBC ex p Kujtim (1999) 2 CCLR 340, CA Local authorities are required to re-assess the possible needs of persons, even after their service has been terminated as a result of persistent, unequivocal misconduct, if it appears that they intend to conduct themselves properly
8.59R v Birmingham CC ex p Killigrew (2000) 3 CCLR 109, QBD An assessment contain an explanation for its decision and take into account up-to-date medical evidence and evidence from carers
8.60R v Newham LBC ex p Patrick (2001) 4 CCLR 48, QBD Referring a homeless woman with care needs to a housing charity did not amount to a discharge of the duty to assess or meet her needs
8.61R (A and B) v East Sussex CC and the Disability Rights Commission [2003] EWHC 167 (Admin), (2003) 6 CCLR 194 Local authorities were under a duty to assess the needs and take into account the preferences of persons even when those persons have substantial communication difficulties, including by consulting carers as to how it is best to communicate
8.62R (Heffernan) v Sheffield CC [2004] EWHC 1377 (Admin), (2004) 7 CCLR 350 An assessment that was incompatible with the eligibility criteria was unlawful
8.63R (B) v Lambeth LBC [2006] EWHC 639 (Admin), (2006) 9 CCLR 239 The function of judicial review is to pronounce upon the lawfulness or otherwise of public decision-making, not to investigate its merits
8.64R (Ireneschild) v Lambeth LBC [2007] EWCA Civ 234, (2007) 10 CCLR 243 It was unnecessary in the particular circumstances to allow the applicant to comment on a medical adviser’s adverse report before completing the assessment; assessments are iterative and should not be too finely scrutinised
8.65R (AM) v Birmingham CC [2009] EWHC 688 (Admin), (2009) 12 CCLR 407 A properly completed assessment also discharges the disability equality duty
8.66R (B) v Cornwall CC [2009] EWHC 491 (Admin), (2009) 12 CCLR 381 A local authority must fully involve the service user and other relevant persons but is ultimately required to undertake its own assessment
8.67R (F, J, S, R) v Wirral BC [2009] EWHC 1626 (Admin), (2009) 12 CCLR 452 Minor criticisms of assessments, not likely to result in changed services, should be brought through a complaints procedure
8.68R (SG) v Haringey LBC [2015] EWHC 2579 (Admin), (2015) 18 CCLR 444 The failure to appoint an independent advocate, under section 67(2) of the Care Act 2014, for a vulnerable adult, who spoke no English and was illiterate, and who suffered from PTSD, insomnia, depression and anxiety, rendered the assessment unlawful