The Care Act: wellbeing and human rights

01/04/2022 09:00 - 10:00

Six years after the introduction of the Care Act, case law has continued to develop and emerge on the meaning of the wellbeing principle, and how its application shapes legal duties to people with needs for care and support. Courts have also repeatedly been called upon to consider the scope of duties to people who can only receive support where it is necessary to prevent a breach of their human rights.

This session will discuss trends in case law and consider their impact on local authority process and practice, with a particular focus on:

  • How the wellbeing principle shapes the legal duties owed to people with needs for care and support.
  • How consideration should be given to providing care and support to a person whose needs assessment is pending.
  • What consideration of human rights is necessary where a person is not eligible for care and support under the Care Act.

Arianna Kelly, barrister, 39 Essex Chambers