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Amendments

2024

December 2024

Care and Support/Support Planning

In December 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.

Recognising and Responding to Deprivations of Liberty

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

Arranging Support and Services

In December 2024, Section 8, Out of Area Services was updated to clarify that Extra Care Housing is classified as specified accommodation.

Deprivation of Liberty Safeguards Procedure

In December 2024, Section 4, Understanding the Deprivation of Liberty Safeguards was updated to provide additional clarity about continuous supervision, free to leave and state imputability. In Section 5, a need to know box was added with information about responding to requests from an eligible person. The link to the ADASS Priority Tool for Deprivation of Liberty Requests was updated in Section 5, Receiving a Standard Authorisation Request.

The Skilled Conversation

In December 2024, Section 9, Good Information and Advice and Prevention was updated to include information about carers leave.

Legal Requirements of a Care and Support/Support Plan Review and Tools

In December 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 Care and Support/Support Plan and Agreeing a Final Personal Budget

In December 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.

Setting an Indicative Budget

In December 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. 

Debt Respite Scheme (Breathing Spaces) Procedure

In December 2024, Approved Mental Capacity Professionals were removed from the list of individuals that can apply for a Mental Health Crisis Breathing Space. Amendments were made to Section 5, Applying for a Mental Health Crisis Breathing Space. This was to reflect the changes to the definition of mental health crisis treatment that were made following the case Kaye v Lees [2023] EWCH 152.  

Equality, Diversity and Human Rights

In December 2024, the link to SCIE: Equality Act 2010 - overview for social care was removed in Section 6, Further Information and Guidance, as the page is no longer available.

The Light Touch Review Conversation

In December 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 Section 9, Good Information and Advice and Prevention was updated to include information about carers leave.

The Full Review Conversation

In December 2024, Section 9, Good Information and Advice and Prevention was updated to include information about carers leave.

Recording and Keeping Records

In December 2024, Section 3, Principles of Good Recording was updated to include links to resources that support anti-discriminatory recording.

Providing Information about a Person or Carer

In December 2024, Section 1, Maintaining Confidentiality about a Person or Carer was amended to clarify that the Data Protection Act 2018 and UK GDPR do not prevent the sharing of information for safeguarding purposes. 

Deputyship and Financial Affairs

In December 2024, this chapter was fully reviewed and refreshed by tri.x and Nottinghamshire. It reflects local processes.

AMHP Procedure

In December 2024, Section 5, How to Contact the Service, was updated to clarify that a request for a Mental Health Act assessment should be made at the earliest possible opportunity.

Death of a Person or Carer

In December 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.

End of Life Procedures and Practice Guidance

In December 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. 

Joint Packages of Health and Social Care

In December 2024, an amendment was made to Section 3, Local Joint Package of Care Arrangements to clarify that the Care and Support Statutory Guidance requires the Local Authority and ICB to agree a local dispute resolution process to resolve any disputes regarding the apportionment of funding in joint funded care and support packages.  

NHS Continuing Healthcare Procedure

In December 2024, amendments were made to Section 2, An Introduction to NHS Continuing Healthcare Funding and Section 5, Providing Information and Advice about NHS Continuing Healthcare. This included adding information about PUPoC (Previously unassessed periods of care).

Direct Payments

In December 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. Localised information remained included in this chapter.

June 2024

Recognising and Responding to Deprivations of Liberty

In June 2024, relevant text amends have been made throughout to reflect the feedback received following a full tri.x legal review of the Deprivation of Liberty Safeguards Procedure.

Discharge to Assess

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

Introduction, Legal Requirements and Tools

In June 2024, text amends have been made to Section 3, The Purpose of any Assessment. These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter ‘The Purpose of Assessment’.

Charging and Financial Assessment

In June 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’. There have been some sections that have remained localised.

Deprivation of Liberty Safeguards Procedure

In June 2024, relevant text amends have been 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.

The Reablement Review

In June 2024, text amends have been made to Section 7, Preparing for the Review. These amends have been 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

In June 2024, text amends have been made to Section 5, Arranging the Assessment and Preparing the Person. These amends have been 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 the Needs of Parent Carers

In June 2024, text amends have been made to Section 5, Arranging the Assessment and Preparing the Parent Carer. These amends have been 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 (Child's Needs Assessment)

In June 2024, text amends have been made to Section 5, Arranging the Assessment and Preparing the Young Person. These amends have been 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 Carry out a Care and Support/Support Plan Review

In June 2024, text amends have been made to Section 5, Arranging the Review and Preparing the Person. These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter ‘Carrying Out an Assessment’.

Requesting a Financial Assessment

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

Section 117 Aftercare

In June 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).

Understanding and Applying Eligibility Criteria

In June 2024, minor text amends were made to the section ‘Applying the Eligibility Criteria’ and was 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.

These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter ‘The National Eligibility Criteria’.

Arranging Support and Services

In June, Section 8, Out of Area Services was updated to reflect amends made previously to Ordinary Residence chapters following a legal review.

Equality, Diversity and Human Rights

In June 2024, this new chapter was added to the Universal Procedures section.

Service Interruptions and Provider Failure

In June 2024, minor text amends have been made to Section 3, Failure of a Regulated Provider. These amends have been 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’.

NHS Continuing Healthcare Procedure

In June 2024, relevant text amends have been made throughout to reflect the feedback received following a full tri.x legal review.

Joint Packages of Health and Social Care

In June 2024, relevant text amends have been made throughout to reflect the feedback received following a full tri.x legal review of the NHS Continuing Healthcare Procedure.

Continuity of Care Arrangements

In June 2024, text amends have been made to Section 1, An Introduction to Continuity of Care Arrangements. These amends have been 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’.

Social Media (use of)

 In June 2024, Twitter was changed to X (formerly Twitter).

NHS-funded Nursing Care Procedure (FNC)

In June 2024, relevant text amends have been made throughout to reflect the feedback received following a full tri.x legal review of the NHS Continuing Healthcare Procedure.

Preparing to Establish the Needs of Young Carers

In June 2024, text amends have been made to Section 5, Arranging the Assessment and Preparing the Young Carer. These amends have been made to reflect feedback received following a full tri.x legal review of the Care Act 2014 Resource chapter ‘Carrying Out an Assessment’.

Prisons and Approved Premises

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

No Recourse to Public Funds (NRPF)

In June 2024, the Home Office Status, Verification, Enquiries and Checking service email was updated.

2023

December 2023

Monitoring Actions (Reablement)

In December 2023, Section 8, Reporting Concerns about a Service Provider was revised to better reflect the remit of the reablement team.

Receiving a Contact or Referral

In December 2023, a new section was added ‘Identifying Carers’.

Community Mental Health Framework

In December 2023, this new chapter was added to the Mental Health Section.

Deciding the Outcome of a Contact or Referral

In December 2023, the section ‘Ordinary Residence’ was reviewed and refreshed. 

Debt Respite Scheme (Breathing Spaces) Procedure

In December 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.

Understanding the Mental Health Act 1983

In December 2023, this new chapter was added.

Acting as an Appropriate Adult

The Transition Plan

In December 2023, 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.

Deprivation of Liberty Safeguards Procedure

In December 2023, Section 4, Understanding the Deprivation of Liberty Safeguards was updated to provide greater clarity on state imputability.

Additionally, Section 15, Challenging an Authorisation using Section 21A and Section 16, The Future of the Deprivation of Liberty Safeguards have been added.

End of Life Procedures and Practice Guidance

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

Providing Information about a Person or Carer

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

Section 117 Aftercare

In December 2023, Section 3, Ordinary Residence was updated to reflect the Supreme Court Judgement R (Worcestershire County Council) v Secretary of State for Health and Social Care [2023] UKSC 31. Additionally, a link to the Community Mental Health Framework for Adults and Older Adults documents was added to Section 9, Further Information.

Actions and Next Steps

In December 2023, information about the Caldicott Principles was added to the section ‘Providing Information about a Person/Carer’.

Recognising and Responding to Deprivations of Liberty

In December 2023, this chapter was fully reviewed and refreshed. This included 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’.Additionally, Section 2, Identifying Deprivations of Liberty (ages 18 and over) and Section 5, Identifying and Responding to Deprivations of Liberty (ages 16 and 17) were both updated to provide greater clarity on state imputability. 

Social Circumstances Report

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

Ordinary Residence Procedure

In December 2023, a link to the Section 117 Aftercare chapter section on ordinary residence was added. Additionally, Section 5, Meeting the Urgent Needs of a Person who is not Ordinarily Resident was reviewed and refreshed.

NHS Continuing Healthcare Procedure

In December 2023 this chapter was fully reviewed and refreshed.

Joint Packages of Health and Social Care

Deputyship and Financial Affairs

NHS-funded Nursing Care Procedure (FNC)

No Recourse to Public Funds (NRPF)

In December 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 added to Section 1, Using this Procedure and Further Guidance. It was also updated to include Shared Lives placements.

June 2023

Section 117 Aftercare

In June 2023 this new chapter was added to the Mental Health Section.

Joint Packages of Health and Social Care

In June 2023 a link was added in Section 1, Section 117 to the new Section 117 Aftercare chapter

Recording and Keeping Records

In June 2023 a link to the new chapter ‘Providing Information about a Person or Carer’ was added.

Providing Information about a Person or Carer

In June 2023 this new chapter was added to the Universal Procedures. The information had previously sat in the chapter ‘Actions and Next Steps'.

Actions and Next Steps

In June 2023 information from this procedure relating to providing information about a person / carer was used to create a new standalone chapter in the Universal Procedures section.

2022

December 2022

Social Circumstances Report

In December 2022, Section 2, A Brief Introduction to Social Circumstances Reports has been updated to clarify who can complete a Social Circumstances Report, and Section 6, Writing the Report has been updated to include links to the HM Courts & Tribunals Service forms.

Legal Requirements of a Care and Support/Support Plan Review and Tools

In December 2022, Section 3, Legal Requirements of Review and Section 6, Responding to a Review Request have been revised to better clarify the statutory requirements around the frequency in which Care and Support/Support Plans should be reviewed.

NHS Continuing Healthcare Procedure

In December 2022, all occurrences of Clinical Commissioning Groups/CCG’s have been changed to Integrated Care Boards/ICBs. This change was made to reflect changes introduced by the Health and Care Act 2022. A whole site search has also been completed as this change affected multiple procedures.

Care and Support/Support Planning

In December 2022, Section 14, Deciding how the Plan will be Reviewed and Monitored has been revised to better clarify the statutory requirements around the frequency in which Care and Support/Support Plans should be reviewed.

Deputyship and Financial Affairs

In December 2022, information about notifying interested parties has been added to Section 6, Making a Deputyship Application. This information explains the Court’s requirement for 3 respondents.

Preparing to Carry out a Care and Support/Support Plan Review

In December 2022, Section 5, Arranging the Review and Preparing the Person/Carer has been revised to better clarify the statutory requirements around the frequency in which Care and Support/Support Plans should be reviewed.

Actions Following a Care and Support/Support Plan Review

In December, Section 2, Deciding the Timeframe for the Next Review has been revised to better clarify the statutory requirements around the frequency in which Care and Support/Support Plans should be reviewed.