Can a need assessment for the purpose of the Care Act 2014 be done privately?

Question

Generally they are required to be performed by a local authority. However, for NHS medical assessments, there is a statutory right to choose where the period of time that has passed since the referral has been made exceeds a certain length. Under the right-to-choose, the NHS must still finance the private assessment that would be undertaken under the right-to-choose.

Regardless of whether the LA must compensate the cost of a privately procured need assessment, legally, should it recognise the outcome of a privately procured assessment undertaken for the purpose of establishing need for the care act 2014 if one is arranged?

Answer 1

Legally, a local authority is not required to recognize the outcome of a privately procured assessment undertaken for the purpose of establishing need for the Care Act 2014.

The local authority has a duty to complete its own assessment under the Act and may not simply accept a privately procured assessment as valid. However, a privately procured assessment may provide useful information that can be taken into consideration by the local authority in carrying out its own assessment.

Ultimately, it is up to the local authority to determine the weight and relevance of the information provided by privately procured assessments.