Care Act housing rights: what tenants need to know

The Care Act 2014 set up the legal framework for adult social care in England. It matters for people with care and support needs, including where they live. Below, we set out the Care Act rights that touch on housing.

What is the Care Act 2014?

The Care Act 2014 is the main law governing adult social care in England. It sets out when the local authority must assess a person's care and support needs. It also says when the authority must provide support. It applies to adults whose needs come from physical or mental illness or disability. It covers carers too.

How does the Care Act relate to housing?

Housing and care are closely linked. The Care Act does not give people a right to a particular home. But it creates duties that affect housing:

• Care and support needs assessment: the local authority must assess any adult who appears to need care and support. Their finances do not matter at this stage. The assessment should look at the person's housing. It should ask whether the home affects their wellbeing.
• Wellbeing duty: local authorities must promote the wellbeing of adults in need. That includes their physical health, a suitable home, and their part in work, education, and social life.
• Support planning: if the local authority has to meet someone's care and support needs, it must produce a support plan. The plan may cover housing needs where they connect to the care need. For example, a person may need to move to a more accessible home. Or their home may need adaptations.
• Prevention duty: local authorities must prevent, reduce, and delay care and support needs. Advice about housing should be part of this. That includes advice on adaptations, supported housing, and housing options.

What does the Care Act mean for housing adaptations?

You may have care and support needs. And your home may need changes so you can live there safely and on your own terms. If so, the local authority's Care Act duty may be relevant. An occupational therapy assessment can identify what adaptations are needed. Local authorities can carry out or arrange these assessments.

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

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

You may feel the assessor did not properly consider your housing situation or needs. If so, you can:

• Ask for the assessment to be looked at again
• Make a formal complaint to the local authority
• Get advice from a welfare rights or community care adviser

Assessments must consider your whole situation. That includes 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. Are you facing homelessness with care and support needs? The local authority has duties under both the Care Act and housing law. These duties can overlap. In some cases the social care duty may fill gaps where the housing duty does not fully apply. One example: some people with no recourse to public funds who have care needs.

When should I contact Support for Tenants?

We help tenants with housing disrepair claims. We check whether you may have a claim and refer you to a solicitor from our panel. If you have care needs and your home is in disrepair, the effect 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)

Related articles

• Safeguarding considerations in housing disrepair cases