Care Act 2014 Explained for Care Providers: Wellbeing, Safeguarding and What It Means for Your Service

Care Act 2014 Explained for Care Providers: Wellbeing, Safeguarding and What It Means for Your Service

A provider-focused summary of the law that sets out how adult social care in England is organised: what it requires of councils, what it means for you and where CQC’s rules take over.

The Care Act 2014 is the law that sets out how adult social care in England is provided. It places duties on local authorities to promote people’s wellbeing, assess needs, meet eligible needs and make enquiries when an adult may be at risk of abuse or neglect. It does not regulate providers directly. CQC does that under the Health and Social Care Act 2008. But providers work within it every day: through the wellbeing principle, adult safeguarding, commissioning and assessments.

Providers often hear “the Care Act” in three contexts: a safeguarding concern, a council assessment and a commissioner’s quality visit. They are all the same law. This guide explains the parts that matter for a care home or home care provider and where they connect with CQC’s regulations.

It uses the Act itself (section 1 and section 42 on legislation.gov.uk) and the government’s Care and support statutory guidance.

What Is the Care Act 2014?

The Care Act 2014 is the law that sets out how adult social care in England should be provided. It sets national rules for how local authorities assess needs, decide eligibility, meet needs, support carers, safeguard adults, and oversee provider failure and information and advice. It is supported by statutory guidance that councils must follow.

CQC regulates registered providers under a different law, the Health and Social Care Act 2008, and its regulations. The two overlap on values and practice, particularly dignity, choice, safeguarding and person-centred care.

What Is the Wellbeing Principle?

Section 1 says the general duty of a local authority in exercising its Care Act functions is to promote the individual’s wellbeing. “Wellbeing” covers these nine aspects:

Section 1(3) adds matters councils must have regard to, including starting from the assumption that the individual is best placed to judge their wellbeing, their views, wishes, feelings and beliefs, not basing decisions only on age, appearance, condition or behaviour, participating as fully as possible in decisions, and keeping any restriction on rights or freedom to the minimum necessary. These make a ready checklist for person-centred care plans (what is person-centred care).

What Does the Care Act Say About Safeguarding?

Section 42 requires a local authority to make enquiries, or cause others to make them, where it has reasonable cause to suspect an adult in its area who has care and support needs (whether or not the authority is meeting them), is experiencing or at risk of abuse or neglect, and as a result of those needs is unable to protect themselves. All three conditions must apply. The statutory guidance lists ten categories of abuse and neglect: physical abuse, domestic violence, sexual abuse, psychological abuse, financial or material abuse, modern slavery, discriminatory abuse, organisational abuse, neglect and acts of omission, and self-neglect.

The guidance sets six safeguarding principles: empowerment, prevention, proportionality, protection, partnership and accountability, and promotes Making Safeguarding Personal, which means involving the person in decisions about how concerns are handled. Providers are expected to report concerns, cooperate with enquiries and provide information when asked. See the local authority safeguarding process, what is safeguarding adults and notifying CQC of an allegation of abuse.

What Else Does the Act Cover That Affects Providers?

• Assessment and eligibility: councils must assess an adult who may have needs for care and support, applying national eligibility criteria that set a minimum threshold. The outcome decides what care is funded and often what you are commissioned to provide.
• Personal budgets and direct payments: people may arrange their own care with funding from the council, so you may support people who manage their own budget.
• Carers: carers have their own right to an assessment, which matters in end of life and respite planning.
• Information and advice: councils must provide information about care and support, and providers contribute through clear information about their service.
• Provider failure: the Act gives councils duties where a registered provider’s business fails and people’s care is at risk, which links to your continuity planning and the registration changes you must notify.

How Do You Evidence the Care Act in Practice?

• Care plans and reviews that reflect the nine wellbeing aspects and the person’s own views.
• Safeguarding records that show prompt referral, cooperation with the council and the person’s involvement.
• Complaints and feedback records showing people’s wishes were respected (handling complaints).
• Training for staff on safeguarding, mental capacity and person-centred care.
• A governance meeting that reviews safeguarding patterns and learning.

How Can CQC Logic Help?

CQC Logic gives you a safeguarding log, an incident log, a complaints log with response dates, a safeguarding audit and a care plan review audit in the audit schedule tracker, a notification tracker and a governance meeting manager, so Care Act practice is recorded and reviewed in one place. It does not replace the council’s safeguarding system. See plans.

Sources: Care Act 2014, section 1: Promoting individual well-being · Care Act 2014, section 42: Enquiry by local authority · Care and support statutory guidance