Deciding the Outcome of a Contact or Written Referral (Social Care Direct)

The Care Act places certain duties on the Local Authority whenever it is making any decision about a person with Care and Support needs (or carer with Support needs). These are things that you absolutely must consider and are:

1. The impact on the person's/carer's individual wellbeing;
2. Whether any prevention service can be provided that will delay, reduce or prevent the need for Care and Support/Support;
3. Whether information or advice can be provided to support the person/carer to find their own solution, or to delay, reduce or prevent the need for Care and Support/Support.

It is vital that you understand your duties in relation to the above. Please use the links below to access further information as required.

• Promoting Individual Wellbeing for information about the duty to promote individual wellbeing;
• Preventing Needs for Care and Support for information about the duty to prevent, reduce or delay needs;
• Providing Information and Advice.

When you are making a decision about the appropriateness of a request for a needs assessment you must answer the following questions:

1. Is the person aged 18 or above?
2. Does the person have an appearance of need?

If you answer 'Yes' to both questions then a needs assessment is appropriate and you should either:

1. Pass the written referral onto Triage (for urgent interventions);
2. Pass the written referral onto the relevant duty team; or
3. Take a telephone referral.

Note: If it is clear that the person is not ordinarily resident in Hillingdon use the guidance below to determine the best course of action before passing or taking the referral.

If the person does not have an appearance of need there is no duty under the Care Act to assess. If you deem this to be the case you should discuss this with your line manager or the relevant duty team.

If a decision is subsequently made not to process the referral an agreement must be made about who will notify the referrer in writing of:

1. The reason the assessment has been refused;
2. What can be done to prevent, delay or reduce the development of needs for Care and Support in the future; and
3. What to do if their needs change in the future.

When you are making a decision about the appropriateness of a request for a carers assessment you must answer the following questions:

1. Is the carer aged 18 or above?
2. Is the person with Care and Support needs aged 18 or above?
3. Does the carer have an appearance of need?

If you answer 'Yes' to all the questions then an adult carers assessment is appropriate and the referral should be passed to:

1. Triage (if urgent);
2. The relevant duty team if the circumstances are complex or a joint assessment is likely; or
3. Hillingdon Carers.

If the carer does not have an appearance of need there is no duty under the Care Act to assess. If you deem this to be the case you should discuss this with your line manager or the relevant duty team.

If a decision is subsequently made not to process the referral an agreement must be made about who will notify the referrer in writing of:

1. The reason the assessment has been refused;
2. What can be done to prevent, delay or reduce the development of needs for Support in the future; and
3. What to do if their needs change in the future.

The person/carer is entitled to an assessment of need based on an appearance of need, and not whether they are ordinarily resident. As such there is no requirement to ascertain their ordinary residence status at the point of referral.

However, if it is clear that the person is not ordinarily resident in Hillingdon it may not be of benefit to them for Hillingdon to carry out the assessment.

If the person appears to have urgent needs you should proceed to make the referral to Triage.

If the person does not appear to have urgent needs you should discuss this with your line manager or the relevant duty team before processing the referral.

For further guidance, see: Ordinary Residence.

Under the Care Act, when a person/carer is already receiving Care and Support/Support from the Local Authority they may request a review of their Care and Support/Support Plan at any time and the Local Authority must consider the request. Where the request is deemed reasonable the Local Authority has a duty to review the plan.

See: Responding to a Review Request for further guidance.

If it is clear to you what further action is required, and you are authorised and confident to make this decision you should do so to avoid any unnecessary delays in resolving the query/issue.

If it is not clear what further action is required or you are not authorised or confident to make this decision you should not commit to an action straight away, but discuss this with your line manager or a relevant colleague.

In all cases you should:

1. Assure the person/carer that their views have been heard and will be considered in any decision that is made; and
2. Agree with the person/carer when they can expect to hear from you again.

tri.x has developed a tool that can be used as required to support decision making following a contact or referral.

See: Contact or Referral Tool.

If you are sure that the action being requested is not appropriate you should be open about this in a respectful way.

You should:

1. Explain your reasons for thinking the action may be inappropriate;
2. Use professional expertise and evidence to support your rationale; and
3. If the individual making the contact is a person with care and support needs (or a carer with Support needs), be able to provide at least one other option for them to consider.

If you are in any doubt you should refer to the guidance in unclear outcomes above.

When providing a person with care and support needs (or a carer with Support needs) with other options(s) you should also provide them with any support they need to explore those option(s) and to weigh up the pros and cons. Where option(s) have been provided to the person in writing this may need to be followed up with a telephone response and if the person appears to have difficulty communicating over the telephone consideration should be given to a face to face visit.

Where the action remains in dispute you must decide whether you are authorised and confident to make a final decision. If you are then you should do so. If not then you should follow the guidance set out in unclear outcomes above.

If the person is not happy with the outcome of the contact you must make them aware of their right to complain about it.

People and carers can be directed to the council website for information about the complaints process and to complain online.

See: Complaints.

If you have received information that indicates a person may be at risk of abuse or neglect you will need to consider the measures that you (or others) can take to protect them.

Where a safeguarding concern has not been raised already you should raise a concern without delay.

See Safeguarding Adults.

If you are concerned that the person is in imminent danger from abuse or neglect, or that a criminal act has taken place you should contact the police by dialling 999.

If you have received information that indicates that a person may pose a risk to others you will need to consider the measures that you (or others) can take to reduce the risk and protect others.

See: Risk Assessment.

If the risk assessment indicates that a vulnerable adult or child may be at risk of abuse and neglect you must ensure that you raise a safeguarding concern without delay.

See Safeguarding Adults, which also includes information about how to raise a children's safeguarding concern.

If you are concerned that an adult or child is in imminent danger from abuse or neglect, or that a criminal act has taken place you should contact the police by dialling 999.