Important – Social Care Law Is Different Across the UK
Much of this guide explains the system in England.
The main frameworks differ:
- England: Care Act 2014 for adult social care, Children Act 1989 and Working Together to Safeguard Children for children's services.
- Wales: Social Services and Well-being (Wales) Act 2014.
- Scotland: separate Scottish social-care legislation, including the Social Work (Scotland) Act 1968, Self-directed Support (Scotland) Act 2013 and Adult Support and Protection (Scotland) Act 2007.
- Northern Ireland: social care is delivered through Health and Social Care Trusts under a separate Northern Ireland framework.
Immediate Danger or Emergency?
If someone is in immediate danger or a crime is happening:
Call 999.
For a non-emergency police matter:
Call 101.
For safeguarding concerns that are not an immediate emergency, contact the relevant local council safeguarding service.
1 Main Areas of Social Services
Adult Social Care
Support for:
- Older people
- Disabled adults
- Mental health support
- Home care
- Residential care
- Carers
- Safeguarding vulnerable adults
Care Act 2014 – England
The Care Act places duties on local authorities concerning:
- Assessing care and support needs
- Promoting wellbeing
- Preventing or delaying needs
- Providing information and advice
- Determining eligibility
- Care and support planning
- Personal budgets
- Direct payments
- Carer support
- Adult safeguarding
- Independent advocacy in qualifying circumstances
Children’s Social Services
Support includes:
- Child protection
- Foster care
- Adoption
- Family support
- Children in need services
- Safeguarding
Safeguarding Adults
Safeguarding protects adults at risk from:
- Abuse
- Neglect
- Financial exploitation
- Domestic abuse
- Modern slavery
- Self-neglect
- Physical abuse
- Psychological abuse
- Sexual abuse
- Organisational abuse
- Discriminatory abuse
Section 42 Care Act Safeguarding Duty
In England, the local authority has a duty to make, or arrange, safeguarding enquiries where it has reasonable cause to suspect that an adult:
- Has needs for care and support, whether or not the council is currently meeting those needs;
- Is experiencing, or is at risk of, abuse or neglect; and
- Because of those care and support needs is unable to protect themselves from the abuse or neglect or the risk of it.
All three elements are important when considering whether the formal Section 42 duty applies.
The Care Act Wellbeing Principle
In England, the Care Act requires local authorities to promote a person's wellbeing when exercising care and support functions.
Wellbeing includes matters such as:
- Personal dignity and respect
- Physical and mental health
- Emotional wellbeing
- Protection from abuse and neglect
- Control over day-to-day life
- Participation in work, education and recreation
- Social and economic wellbeing
- Domestic, family and personal relationships
- Suitability of living accommodation
- Contribution to society
The wellbeing principle comes from:
Section 1 of the Care Act 2014.
2 How to Access Social Services
Through Your Local Council
Every local authority has social-care responsibilities.
You can contact your council about:
- Care needs assessment
- Carer’s assessment
- Child safeguarding help
- Children's social care
- Adult safeguarding
- Support at home
- Equipment and adaptations
- Respite or replacement care
- Support with independent living
- Emergency social-care support
- Signposting or referral to housing, mental-health or other services
Housing and NHS Care May Be Separate Departments
Social services may work closely with housing and NHS teams, but a housing application or NHS treatment request may need to be made through the relevant housing authority or NHS service rather than adult social care itself.
3 Care Needs Assessment
Under the Care Act, adults can request a free assessment.
Assessment can cover:
- Daily living needs
- Washing and dressing
- Preparing food
- Mobility
- Using the home safely
- Maintaining a habitable home environment
- Mental health
- Safety
- Independence
- Maintaining relationships
- Accessing work, education or volunteering
- Using community services
- Carer support
The Assessment Itself Is Free
A needs assessment does not depend on how much money or savings the person has.
The council must assess an adult where it appears that the adult may have needs for care and support.
The question of what someone may have to pay comes later through a separate financial assessment if chargeable care is to be provided.
Section 9 Care Act 2014
The duty to assess is triggered by an appearance of need.
The council should not refuse to assess simply because it believes:
- The person's needs may not ultimately be eligible
- The person has savings
- A family member currently helps them
What Happens During a Needs Assessment?
Explain that you believe you have care and support needs and request an assessment.
This may involve a social worker, occupational therapist or other suitable professional.
The assessment should consider the real effect of your needs on everyday life.
Eligibility should be considered only after the needs assessment has been completed.
If the council is going to meet eligible needs, a care and support plan and personal budget will normally be developed.
If the council proposes to charge for services, a separate financial assessment is used to determine what the person can afford.
Adult Social Care Eligibility – England
A person's needs can be eligible under the national Care Act criteria where:
- The needs arise from or are related to a physical or mental impairment or illness;
- Because of those needs, the adult is unable to achieve two or more specified outcomes; and
- There is, or is likely to be, a significant impact on wellbeing.
“Unable” Does Not Only Mean Completely Incapable
Under the eligibility regulations, a person can be treated as unable to achieve an outcome where they:
- Cannot achieve it without assistance
- Can achieve it only with significant pain, distress or anxiety
- Can achieve it only where doing so endangers health or safety
- Can achieve it without assistance but doing so takes significantly longer than would normally be expected
Care and Support Plans
Where a council decides to meet needs, the person should normally receive a care and support plan.
The plan should identify matters such as:
- The person's needs
- Which needs are eligible
- What outcomes the person wants to achieve
- How needs will be met
- How the plan supports wellbeing
- The personal budget
- Whether direct payments are being used
- How risks will be managed
- When the plan will be reviewed
Ask for a Copy
Keep a copy of:
- Your needs assessment
- Eligibility decision
- Care and support plan
- Personal budget
- Financial assessment
- Review documents
Direct Payments
If social services has assessed that you need care and support, you may be able to receive a:
Direct Payment.
This is money used to arrange some or all of your own care instead of the council arranging the service directly.
Direct payments can provide greater control over:
- Who provides your care
- When support is provided
- How eligible care needs are met
Using a direct payment can also bring responsibilities.
For example, if you directly employ a personal assistant you may have employment, payroll, tax, insurance and pension responsibilities.
Paying for Adult Social Care – England
Some services are free, but many forms of adult social care can be means-tested and chargeable.
If a council intends to charge for care, it normally carries out a:
Financial Assessment – Means Test.
2026–27 Capital Limits – England
Above £23,250
For a permanent care-home placement, a person with assessable capital above the upper capital limit will generally be responsible for the full cost of their care.
£14,250 to £23,250
A contribution can be calculated from income plus tariff income from capital between the two limits.
Below £14,250
Capital below the lower limit is not used to calculate tariff income, although assessable income may still lead to a contribution.
For non-residential care, councils have some discretion in their charging arrangements and the treatment of capital.
Different rules also apply to certain property, income and capital disregards.
Social Care & Support That Can Be Free
Some forms of care and support are not charged for in England.
Examples can include:
- The Care Act needs assessment itself
- Care and support planning
- Intermediate care and reablement for up to 6 weeks where applicable
- Community equipment and minor adaptations up to the prescribed statutory value
- Section 117 Mental Health Act aftercare where applicable
- NHS Continuing Healthcare where the eligibility criteria are met
NHS Continuing Healthcare
People whose primary need is a health need may qualify for NHS Continuing Healthcare rather than means-tested local-authority social care.
NHS Continuing Healthcare is not means-tested.
4 Carer Support
Unpaid carers have legal rights to assessment and support.
You may qualify for:
- Respite care
- Replacement care
- Financial support
- Emotional support
- Training
- Practical help
- Equipment
- Support groups
- Advice about benefits
Section 10 Care Act 2014
In England, where it appears that a carer may have needs for support, the council has a duty to assess those needs.
The carer's assessment is separate from the assessment of the person being cared for.
A Carer's Assessment Is Free
An adult carer can ask their council for a carer's assessment even if:
- The person they care for does not receive council services
- The carer is not receiving Carer's Allowance
- The carer lives separately from the person they support
Young Carers & Parent Carers
Separate legal duties can apply where:
- A child is providing substantial care for another person
- A parent cares for a disabled child
- A young person is preparing to transition into adult services
Local authorities should consider the needs of the whole family rather than relying on a child to provide inappropriate levels of care.
Children's Social Services – England
Children's Social Care can become involved because a family needs support, because a child is in need, or because there are safeguarding concerns.
Family Help
Support aimed at helping families before difficulties escalate.
This may involve multi-agency help with issues such as:
- Parenting
- Housing
- School attendance
- Mental health
- Domestic abuse
- Substance misuse
Section 17 – Child in Need
Support for children who meet the statutory child-in-need definition.
Section 47 – Child Protection
Formal enquiries where there is reasonable cause to suspect significant harm.
Care Proceedings
Court proceedings where a local authority believes a court order may be necessary to protect a child.
2026 Children's Social Care Update – England
Working Together to Safeguard Children was updated on 18 March 2026.
The current framework places stronger emphasis on:
- Help and support before difficulties escalate
- Family Help
- Multi-agency working
- Child protection consistency
- Domestic abuse
- Child sexual abuse
- Online harm
- Exploitation
- Babies and unborn children
- Children's voices and experiences
- Family networks
- Anti-discriminatory practice
What Happens After a Children's Social Care Referral?
Children's Social Care considers the information provided.
Current statutory guidance expects an initial decision about the next course of action normally within one working day of the referral.
Where a Children's Social Care assessment is required it should normally be completed within 45 working days.
The outcome may involve Family Help, Section 17 support, Section 47 enquiries or another appropriate service.
Where ongoing support or protection is required, a plan should set out actions, support and review arrangements.
Adult Safeguarding – Section 42 Process
A safeguarding concern does not automatically become a formal Section 42 enquiry.
The local authority first considers whether the statutory criteria are met.
Information suggests that an adult may be experiencing abuse or neglect.
The council considers care and support needs, abuse or neglect and the person's ability to protect themselves.
If the statutory duty applies, the council must make whatever enquiries it considers necessary or arrange for others to do so.
Where possible, the adult should be involved in decisions about what they want the safeguarding process to achieve.
Action may include care changes, risk management, police involvement, support services or other protection.
Making Safeguarding Personal
Adult safeguarding should normally be person-led and outcome-focused.
Professionals should seek to understand the adult's wishes, feelings and desired outcomes wherever possible.
Safeguarding Adults Boards
Each local-authority area in England must have a:
Safeguarding Adults Board – SAB.
Core statutory partners include:
- Local authority
- NHS Integrated Care Board
- Police
The board coordinates and seeks assurance about local adult safeguarding.
Safeguarding Adults Reviews
In serious qualifying cases, a Safeguarding Adults Board can be required to arrange a Safeguarding Adults Review to identify lessons and improve practice.
Independent Advocacy
You may have rights to independent advocacy during some Care Act processes.
This can include:
- Needs assessments
- Carer's assessments
- Care planning
- Care reviews
- Safeguarding processes
Care Act Section 67
A council may be required to arrange an independent advocate where the person would experience substantial difficulty being involved in the relevant process and there is no appropriate person available to support their involvement.
Substantial difficulty can relate to:
- Understanding relevant information
- Retaining information
- Using or weighing information
- Communicating views, wishes or feelings
Mental Capacity & Social Services
Where there are questions about whether an adult can make a particular decision, the:
Mental Capacity Act 2005
may apply in England and Wales.
Five Core Principles
- A person must be presumed to have capacity unless established otherwise
- All practicable steps to support decision-making should be taken first
- An unwise decision does not by itself prove lack of capacity
- Actions for a person lacking capacity must be in their best interests
- The least restrictive option should be considered
5 Financial Help & Benefits
Main UK Benefits
- Universal Credit
- Personal Independence Payment – PIP
- Attendance Allowance
- Carer’s Allowance
- Disability Living Allowance – DLA for eligible children
- Housing Benefit in circumstances where it remains available
- Employment and Support Allowance in relevant cases
- Pension Credit
Housing Benefit Has Been Replaced by Universal Credit for Many Working-Age Claims
Housing Benefit still exists in certain situations, including many people of State Pension age and some residents in specified or temporary accommodation.
Working-age help with ordinary rent is now usually through the housing costs element of Universal Credit.
Equipment, Adaptations & Disabled Facilities Grants
Social care and occupational-therapy assessments can sometimes identify equipment or changes that may help a disabled person live more independently.
Examples can include:
- Grab rails
- Shower adaptations
- Stairlifts
- Ramps
- Specialist equipment
- Changes to make the home safer or more accessible
Disabled Facilities Grant
A Disabled Facilities Grant may help fund qualifying adaptations to a disabled person's home.
Different arrangements apply in different parts of the UK.
6 Mental Health Social Services
Support may include:
- Community mental health teams
- Crisis support
- Supported accommodation
- Social workers
- Care coordinators
- Occupational therapy
- Care Act support
- Support following hospital discharge
Health and Social Care Can Work Together
Mental-health treatment is primarily an NHS responsibility, while a local authority may assess social-care needs arising from mental illness or disability.
Some people receive coordinated support from both services.
Section 117 Mental Health Act Aftercare
Some people who have been detained in hospital under qualifying sections of the Mental Health Act may be entitled to:
Section 117 aftercare.
This can involve joint responsibilities between health services and local authorities.
Qualifying Section 117 aftercare services are provided free of charge.
7 Domestic Abuse & Emergency Protection
Emergency Contacts
- Police emergency: 999
- Police non-emergency: 101
Social services may become involved where domestic abuse affects:
- A child
- An adult with care and support needs
- A carer
- Family safety
- Housing needs
8 Homelessness & Housing Support
If at risk of homelessness:
- Your council must provide advice and help where statutory conditions are met
- Emergency or interim accommodation may be available in qualifying cases
- Your council should assess your circumstances
- A personalised housing plan may be prepared
England – 56-Day Prevention Duty
A person is treated as threatened with homelessness for the relevant prevention-duty purposes where they are likely to become homeless within:
56 days.
The council must take reasonable steps to help eligible applicants prevent homelessness.
If Already Homeless
A separate relief duty can require a council to take reasonable steps to help an eligible homeless applicant secure accommodation.
Where the council has reason to believe a homeless applicant may have a priority need, an interim accommodation duty can arise while enquiries are carried out.
Homelessness Duty to Refer
Certain public bodies in England have a legal duty to refer people they believe may be homeless or threatened with homelessness to a housing authority, subject to the required consent and procedure.
Relevant public bodies include some:
- Hospitals
- Prisons and probation services
- Jobcentres
- Social services authorities
9 Legal Rights & Advocacy
You may have rights to:
- Independent advocacy
- Complaints procedures
- Reviews of care plans
- Reassessment where needs change
- Written decisions
- Human rights protections
- Data-protection rights
- Legal advice
Ask for Important Decisions in Writing
Where possible, keep copies of:
- Assessments
- Care plans
- Safeguarding plans
- Financial assessments
- Eligibility decisions
- Complaints
- Complaint responses
- Emails
- Meeting notes
Complaints About Adult Social Care
If you are unhappy with a council's adult social-care service, examples of complaints may include:
- Failure to assess
- Delay
- Poor care planning
- Failure to review a plan
- Incorrect charging
- Failure to consider relevant evidence
- Safeguarding handling
- Poor communication
- Failure to provide agreed support
Explain what went wrong and the outcome you want.
Keep copies of all correspondence.
If the complaint remains unresolved, the Ombudsman may be able to investigate maladministration or service failure.
The Local Government and Social Care Ombudsman can investigate adult social-care complaints even where the person is paying privately for care from a registered adult social-care provider.
Complaints About Children's Social Care
Some children's social-care complaints fall under a special statutory complaints procedure.
This can include complaints concerning services for:
- Children in need
- Children in care
- Fostering
- Adoption support
- Special guardianship support
The Statutory Children's Complaints Process Can Have Three Stages
Depending on the type of complaint:
- Stage 1 – local resolution
- Stage 2 – investigation
- Stage 3 – review panel
Not every children's services complaint falls within the statutory three-stage procedure. The council should tell you which procedure applies.
A Complaint Cannot Overturn a Court Decision
The Local Government and Social Care Ombudsman cannot use the complaints process to overturn decisions made by the Family Court.
A judicial decision must be challenged through the appropriate court process, such as an appeal where legally available.
10 Safeguarding Reporting
If someone is at immediate risk:
Call 999.
Otherwise contact:
- Local council adult safeguarding team
- Children's Social Care where a child is involved
- NHS safeguarding lead where relevant
- Police on 101
Child Safeguarding
Report a Child Safeguarding ConcernAdult Safeguarding
Contact the adult safeguarding team at the local council where the adult is located.
Find the Local CouncilAsk for a Review or Reassessment if Needs Change
A care plan should not remain unchanged indefinitely if a person's circumstances have materially changed.
You can contact social services if:
- Your condition has deteriorated
- Your mobility has changed
- Your current support is no longer sufficient
- A carer can no longer provide the same level of support
- There has been a safeguarding incident
- Your home circumstances have changed
- Your mental health has changed
- Your current care plan is no longer meeting eligible needs
Transition From Children's Services to Adult Social Care
Disabled young people and young carers may require planning before turning 18.
The Care Act includes duties relating to:
- Child's needs assessments
- Young carer's assessments
- Child's carer's assessments
where there is likely to be a need for adult care and support and carrying out the assessment would be of significant benefit.
Transition planning should not simply begin on a person's 18th birthday.
It should take place at the point where it is of significant benefit to the young person or carer.
11 Key Government & NHS Resources
Adult Social Care
NHS guidance about care, assessments, carers, care homes, equipment and paying for care.
NHS Social Care GuideCare Act Guidance
Official statutory guidance for adult social care in England.
GOV.UK Care Act GuidanceLocal Government Ombudsman
Independent complaints investigation concerning councils and adult social-care providers.
LGSCOWales – Separate Social Care System
Adult and children's social care in Wales is principally organised under:
Social Services and Well-being (Wales) Act 2014.
The Act covers:
- Adult care and support
- Children's care and support
- Carers
- Assessments
- Eligibility
- Safeguarding
- Care planning
- Direct payments
Core Welsh Principles
- Voice and control
- Prevention and early intervention
- Wellbeing
- Co-production
- Supporting people within their families and communities
Scotland – Separate Social Care System
Scotland has a separate legal and policy framework.
Relevant legislation includes:
- Social Work (Scotland) Act 1968
- Social Care (Self-directed Support) (Scotland) Act 2013
- Carers (Scotland) Act 2016
- Adult Support and Protection (Scotland) Act 2007
- Adults with Incapacity (Scotland) Act 2000
Adult Support & Protection
The Adult Support and Protection (Scotland) Act 2007 applies where an adult meets the statutory criteria for an adult at risk of harm.
Councils have a duty to make enquiries where they know or believe that a person may be an adult at risk and that intervention may be necessary.
2026 Scottish Safeguarding Change
From January 2026 new adult-support-and-protection information-sharing provisions came into force through changes made by the Care Reform (Scotland) Act 2025.
Northern Ireland – Health & Social Care Trusts
Northern Ireland does not use the England Care Act 2014 system.
Health and social care services are organised through:
Health and Social Care Trusts – HSC Trusts.
An assessment of need is often the first step to receiving support.
Possible services include:
- Home care
- Equipment
- Residential care
- Carer support
- Community care
- Adult safeguarding
- Children's social work
Adult Safeguarding
Northern Ireland uses the:
Adult Safeguarding: Prevention and Protection in Partnership
framework.
Children's Safeguarding
Keep Your Social Care Records
It can be useful to keep copies of:
- Referral forms
- Needs assessments
- Carer assessments
- Child and family assessments
- Care plans
- Child in Need Plans
- Child Protection Plans
- Safeguarding documents
- Financial assessments
- Direct payment agreements
- Review documents
- Emails
- Letters
- Complaints and responses
If Information Is Wrong
Where a social-care record contains a factual error, identify:
- The exact statement you dispute
- The correct information
- The evidence supporting your correction
- Why the error matters
Raise factual inaccuracies promptly and keep a written record of the correction requested.
Key Things to Remember
- In England, adult social care is mainly governed by the Care Act 2014.
- The council must promote wellbeing when carrying out Care Act functions.
- A needs assessment is free.
- A person's finances should not determine whether the council carries out the needs assessment.
- Financial assessment comes after needs and eligibility have been assessed where chargeable services are being considered.
- Carers can have their own assessment.
- A direct payment can give people greater control over their care.
- Not all social care is free.
- Some services, including qualifying reablement and Section 117 aftercare, can be free.
- Adult safeguarding under Section 42 has a specific three-part legal test.
- Adult safeguarding should normally involve the person and consider the outcomes they want.
- Section 17 Children Act concerns children in need.
- Section 47 concerns suspected significant harm.
- Children's Social Care in England now operates within the 2026 Working Together safeguarding framework.
- A safeguarding referral does not automatically mean someone will be removed from their family or home.
- Independent advocacy may be a legal right in some Care Act processes.
- If your needs change, you can ask for a review or reassessment.
- If social services gets something factually wrong, correct it in writing and provide evidence where possible.
- Complaints about councils can ultimately be taken to the Local Government and Social Care Ombudsman in qualifying cases.
- Court decisions cannot normally be overturned through the social-care complaints process.
- England, Wales, Scotland and Northern Ireland have different social-care laws and systems.
- If someone is in immediate danger, call 999.
Final Message
The UK social-care framework focuses on:
Wellbeing • Independence • Safeguarding • Support • Choice • Dignity • Protection
In England, local councils have important legal duties under the Care Act 2014 to assess people who appear to have care and support needs, support qualifying carers and respond to adult safeguarding concerns.
Children's services have separate duties under the Children Act and the statutory safeguarding framework.
If you need help:
Ask for an assessment. Ask for the decision in writing. Keep your evidence. Ask what law or eligibility rule is being applied.
Right First Time UK
This Right First Time UK page provides general information and signposting only. It is not individual legal, social-work, financial, housing or medical advice.
The detailed Care Act information on this page applies primarily to England.
Wales, Scotland and Northern Ireland operate separate social-care systems and legislation.
A Care Act needs assessment is separate from a financial assessment. A council should assess apparent care and support needs without first deciding eligibility based on wealth.
Receiving a needs assessment does not automatically mean that all requested services will be provided. The council must determine eligibility and how eligible needs should be met.
Some social-care services can be charged for. Charging is subject to statutory rules and financial assessment.
A Section 42 safeguarding duty applies only where the statutory Care Act conditions are met. Councils can still take proportionate action or provide support in situations that do not meet the formal Section 42 threshold.
Children's social-care and adult social-care safeguarding processes are different and use different legislation.
A complaint about social services cannot normally be used to overturn a Family Court judgment.
Benefits rules, charging limits, social-care guidance and statutory procedures can change. Always check the linked official sources.
Page checked: 28 August 2026.