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🤲 Social Care Guide
Social Care Rights: Assessments, Charging & Your Entitlements in 2026
Need care support at home or for a family member? This guide explains care needs assessments, what local authorities must provide, how charging works, and your rights if you disagree with a decision.
📅 Last reviewed: July 2026📚 Sources: GOV.UK, Citizens Advice🏴 England & Wales
Need a care needs assessment? Read the guide for where you live: England, Wales, Scotland or Northern Ireland, for the right to an assessment, carers, paying for care and how to complain.
⚖ Know Your Rights at a Glance
Care needs assessment: Anyone who may need care and support is entitled to a free assessment from their local authority — regardless of income or assets.
Financial assessment: If you need help paying for care, the local authority will assess your finances. In England you keep at least £14,250 of savings (the lower capital limit). Wales, Scotland and Northern Ireland use different limits.
Care cap: The planned cap on care costs in England is not in force. On 29 July 2024 the government announced that the charging reforms would not go ahead in October 2025.
Carers' assessment: Unpaid carers are entitled to their own assessment of their support needs, separate from the person they care for.
Direct payments: Instead of the council arranging your care, you can receive a direct payment to arrange your own support.
Complaints: You can complain to your local authority and escalate to the Local Government and Social Care Ombudsman.
Care needs assessment — what you're entitled to
Under the Care Act 2014, any adult who may have care and support needs is entitled to a free needs assessment from their local authority. The council must carry out the assessment regardless of your income or assets — it cannot refuse simply because you might be self-funding your care.
The assessment looks at your needs and how they affect your wellbeing across areas including: personal hygiene, eating and drinking, managing medications, maintaining relationships, accessing work or volunteering, and keeping your home safe. If you have eligible needs, the council has a duty to meet them.
How care is funded and charged
If you have eligible care needs, your local authority will carry out a financial assessment (means test) to determine how much you should contribute. In England the capital limits for 2026 to 2027 are:
Below the lower capital limit (£14,250): Council pays most of the cost; you contribute from income
Between £14,250 and £23,250: You contribute from capital at a rate of £1/week per £250 of savings in this band
Above £23,250: You are expected to fund your own care (self-funder)
The upper and lower capital limits and any care cap position should be verified at gov.uk before acting, as these are subject to ongoing policy change.
Carers' assessments
If you provide or intend to provide substantial care for an adult or child, you are entitled to a carer's assessment from the local authority. This is separate from the assessment of the person you care for and looks at your own wellbeing, support needs, and ability to continue caring.
Following a carer's assessment, the council may provide support to the carer — including respite care, practical help, or signposting to carer support services. Carers UK (0808 808 7777) can help you prepare for and navigate the assessment.
Direct payments and personal budgets
Instead of the council arranging care services for you, you can request a direct payment — a cash amount paid to you to arrange your own support. This gives you more control and flexibility over who provides your care and when.
You can use direct payments to employ a personal assistant, use an agency of your choice, or access community activities and support. You must spend the money on meeting your assessed needs and keep records to account for how it is spent.
1
Request a care needs assessment immediately
Contact your local authority's adult social care team and ask for a needs assessment. It's free and you don't have to be already receiving care.
2
Request a carers' assessment if you provide unpaid care
You are entitled to your own assessment. Contact the same adult social care team. Don't wait to be offered one — ask.
3
Challenge decisions you disagree with
If the council refuses to assess, finds no eligible needs, or sets a contribution you think is wrong, you have the right to challenge. Request the council's complaints procedure.
4
Consider a direct payment
If you want more control over your care, ask about direct payments when your support plan is drawn up.
5
Escalate to the ombudsman if the complaint fails
The Local Government and Social Care Ombudsman (LGSCO) investigates complaints about councils' adult social care decisions. Apply at lgsco.org.uk after completing the council's complaints process.
Frequently asked questions
Can the council refuse to assess me because I have money?
No. The Care Act 2014 gives everyone the right to a needs assessment regardless of income or assets. Refusal to assess based on finances alone is unlawful.
What are "eligible needs"?
The Care and Support (Eligibility Criteria) Regulations 2015 set the national eligibility threshold. A person has eligible needs if they have a physical or mental condition causing significant impact on their ability to achieve two or more of 10 specified outcomes related to daily living.
Can I choose where I live if I need residential care?
Yes. If you have eligible needs for residential care, you have the right to choose your preferred accommodation, provided it meets your needs, is available, and does not cost more than the council would usually pay (though you can top up if it costs more).
What is the "hotel costs" element of care home fees?
Care home fees cover both "personal care" (which the council funds after assessment) and "hotel costs" — food, accommodation and utilities. Hotel costs are always the resident's responsibility, regardless of income.
My relative is being discharged from hospital into a care home — what are our rights?
Hospitals must carry out safe discharge planning and the local authority must assess care needs before discharge into residential care. You have the right to be involved in discharge planning and to challenge a discharge you believe is unsafe.
What is a personal budget?
A personal budget is the amount of money the council has calculated is needed to meet your eligible care and support needs. You can receive it as a direct payment, have the council arrange services, or a mix of both.
Can I complain if my care is poor quality?
Yes. Complain to your care provider first, then to the local authority (if they commissioned the care), then to the LGSCO. If CQC-registered services are involved, the CQC (Care Quality Commission) should also be notified.
📞 Free help and support
Carers UK: 0808 808 7777
Age UK: 0800 678 1602
Local Government & Social Care Ombudsman: lgsco.org.uk | 0300 061 0614
Citizens Advice: 0800 144 8848
⚠ Important disclaimer: This guide covers social care rights in England and Wales as at July 2026. Scotland has a separate system under the Social Work (Scotland) Act 1968. General legal information only — not legal advice. Verify with ACAS, GOV.UK or Citizens Advice before acting. ukworkrights.co.uk — Not a law firm.
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