Care Act housing rights: what tenants need to know

The Care Act 2014 introduced a legal framework for adult social care in England that has implications for people with care and support needs, including in relation to their housing. Below, we set out the relevant Care Act rights and how they interact with housing.

What is the Care Act 2014?

The Care Act 2014 is the main piece of legislation governing adult social care in England. It sets out when the local authority has duties to assess people's care and support needs and to provide support. It applies to adults who have needs arising from physical or mental illness or disability, and to carers.

How does the Care Act relate to housing?

Housing and care are closely linked. The Care Act does not give people a right to specific accommodation, but it creates duties that have housing implications:

• Care and support needs assessment: the local authority must assess the care and support needs of any adult who appears to need care and support, regardless of their finances. The assessment should consider the person's housing situation and whether it affects their wellbeing.
• Wellbeing duty: local authorities must promote the wellbeing of adults in need, including their physical wellbeing, their suitable living accommodation, and their participation in work, education, and social activities.
• Support planning: if the local authority is required to meet care and support needs, it must produce a support plan. This plan may address housing needs if they are connected to the care need, for example, if a person needs to move to accessible accommodation, or if adaptations are needed.
• Prevention duty: local authorities have a duty to prevent, reduce, and delay care and support needs. Advice about housing, including information about adaptations, supported housing, and housing options, should be part of this.

What does the Care Act mean for housing adaptations?

If you have care and support needs and your home requires adaptations to enable you to live safely and independently, the local authority's Care Act duty may be relevant. An occupational therapy assessment, which local authorities can carry out or arrange, can identify what adaptations are needed.

Separately, Disabled Facilities Grants (funded by the council) can fund home adaptations. The Care Act duty to promote wellbeing and prevent needs escalating can support a case for grant funding.

What if the local authority's assessment does not take housing into account?

If you have had a needs assessment under the Care Act and you feel the assessor did not properly consider your housing situation or needs, you can:

• Ask for the assessment to be reconsidered
• Make a formal complaint to the local authority
• Seek advice from a welfare rights or community care adviser

Assessments must consider your whole situation, including where you live and whether your home affects your ability to live safely and well.

Can Care Act rights help if I am facing homelessness?

Yes, in some circumstances. If you are facing homelessness and you have care and support needs, the local authority has duties both under the Care Act and under housing legislation. These duties can overlap, and in some cases the social care duty may fill gaps where the housing duty does not fully apply, for example, for some people with no recourse to public funds who have care needs.

When should I contact Support for Tenants?

We handle housing disrepair claims. If you have care needs and your home is in disrepair, the impact of the disrepair on your health and independence is central to a claim. Call us.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Care Act 2014 (legislation.gov.uk)

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• Safeguarding considerations in housing disrepair cases