Care Act 2014

The Care Act 2014 modernised the law on adult social care in England, replacing the National Assistance Act 1948 and other fragmented legislation. The Act established a new legal framework centred on individual well-being and personal choice, introducing the ‘well-being principle’ as a guiding duty for local authorities. The Act created a national eligibility threshold for care, gave carers a legal right to assessment and support, and introduced the ‘cap on care costs’ (implementation deferred). The Act also established the legal framework for the integration of health and social care, the provision of independent advocacy, the safeguarding of adults at risk, and the regulation of care providers. The Act consolidated and repealed over a dozen previous statutes.

Legal area: Medical law governs the provision of healthcare, the rights and duties of healthcare professionals and patients, and the regulation of medical treatment.

Citation: Care Act 2014 (2014 c 23)

Full text: https://www.legislation.gov.uk/ukpga/2014/23

Key Provisions

• Section 1: Well-being principle (general duty of local authority)
• Part 1: Adult care and support (assessment, eligibility, care planning)
• Section 9: Assessment of an adult’s needs for care and support
• Section 10: Assessment of a carer’s needs for support
• Section 39: Independent advocacy (right to advocate under certain conditions)
• Part 3: Care standards (regulation of providers)
• Section 42: Safeguarding enquiries (duty to make enquiries where adult at risk)

Significance

The Care Act 2014 was the most significant reform of adult social care in over 60 years. The well-being principle (section 1) places the individual at the centre of care decisions. The national eligibility threshold created a consistent framework across local authorities for the first time. The Act’s care cap provisions (section 15) were intended to limit lifetime care costs but their implementation has been repeatedly postponed. The safeguarding framework created the first statutory duty on local authorities to make enquiries where an adult with care and support needs is at risk of abuse or neglect.