The Duty to Review
Amendment
This chapter has been refreshed following a legal review in March 2024.
Under Section 27 of the Care Act the Local Authority must:
- Keep Care and Support Plans/Support Plans under general review; and
- On the reasonable request of a person or carer to whom the plan relates, review the plan.
The Care and Support statutory guidance sets an expectation that a review of an on-going stable Care and Support / Support Plan should take place no less than once every 12 months.
The requirement to review plans under the Care Act is an important part of the wider Care and Support/ Support Planning process and the ongoing duty to meet eligible needs. Without a system of regular reviews, plans could become out of date meaning that people are not receiving the Care and Support they require to meet their needs (which would be a breach of the Act).
The purpose of a review is to:
- Reflect on what is working and not working about the Care and Support/Support Plan;
- Consider what may need to change about the Care and Support/Support Plan;
- Make sure that the plan remains up-to-date;
- Make sure the plan remains relevant to the person/carer's needs and identify the need for any reassessment of need;
- Make sure the plan remains relevant to the person/carer's aspirations; and
- Mitigate the risk of people entering a crisis or safeguarding situation.
The review must not be used as a mechanism to arbitrarily reduce the level of a personal budget. The law requires a personal budget to be sufficient to meet a person/carer's needs and it cannot be reduced unless there has been a reduction in need or a change in circumstance (for example a carer is now meeting some of the eligible needs previously being met by a provider). A change in needs can only be determined through a reassessment process. Following a reassessment, the Care and Support Planning/Support planning process should be used to agree any revisions to the plan or personal budget amount.
Last Updated: February 12, 2024
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