Giving people a voice in the system
The Care Act 2014 places a strong emphasis on involvement. People must be involved in decisions about their care and support, and their views must be taken seriously.
In practice, many individuals and families feel overwhelmed by the process. The system can feel complex and difficult to understand, particularly during times of stress or crisis. People may feel unsure of their rights or feel that decisions have already been made before they are fully heard.
Advocacy plays a crucial role in rebalancing this power. When individuals understand their rights and feel supported to speak up, they are better able to take part in decisions that affect their lives.
Ensuring that people are heard, understood, and involved is a key part of social justice in health and social care.
Inequality in care assessments and funding
A care assessment is the process a local authority must carry out to understand what support a person needs in their daily life. This should include how someone manages personal care, preparing meals, moving around safely, maintaining relationships, and taking part in work or education.
In practice, the quality of assessments can vary. Some people receive detailed, person centred assessments that fully explore their needs. Others experience short or rushed assessments that do not capture the full reality of their daily life. When this happens, the care plan that follows may not include enough support.
This can affect many groups of people, including older people, disabled adults, young people transitioning into adult services, and families caring for relatives with complex needs.
- For example, an older person who needs help several times a day may be assessed as needing fewer visits.
- A disabled adult who relies on support to work or study may be given a care package that only covers basic personal care.
- Families who provide unpaid care may be expected to fill gaps in support without proper recognition of the impact on their own health and wellbeing.
Local authorities must work within limited budgets, yet the law requires that care decisions are based on a person’s needs, not simply on what is affordable. When financial pressures influence assessments, support packages may be reduced or underfunded.
Challenging an incorrect assessment is therefore not simply an administrative task. It is about ensuring people receive the support they need to stay safe, maintain independence, and live with dignity.
Transparency and accountability in care decisions
Fair care systems must be transparent. In simple terms, this means councils should clearly explain how they reached a decision, what evidence they used, and how they calculated the level of support someone will receive.
In many care cases, problems arise when decisions are not fully explained. Families may receive a care plan or funding decision without understanding how the council calculated the hours of support, the cost of care, or why certain needs were not included. Common issues include incorrect cost calculations, misunderstandings about a person’s daily needs, and the use of hourly care rates that do not reflect the level of support required.
When these decisions are questioned and reviewed, the impact often goes beyond one person’s situation. Challenging errors can lead to better decision making and clearer processes, which can help other individuals and families facing similar difficulties in the future.
Clear explanations and accountability are therefore essential for building trust and improving outcomes across the wider care system.
Preventing crisis through early and appropriate support
When care is delayed, reduced, or not put in place at the right time, the impact can quickly become serious. Families may struggle to cope with increasing responsibilities, carers can become exhausted, and the person needing support may become unsafe at home. In some situations, this can lead to avoidable hospital admissions, safeguarding concerns, or emergency interventions that could have been prevented with earlier help.
Providing the right support at the right time can stop problems from escalating. When people receive suitable care early, they are more likely to maintain their independence, remain in their own homes, and stay connected to their families and communities.
This approach is not only compassionate but practical. Early and appropriate care reduces pressure on hospitals, emergency services, and social care systems, whilst helping individuals live safer and more stable lives.
Social justice is a legal duty and a shared responsibility
Fair access to care is not optional. It is required by law. The Care Act 2014 places clear duties on local authorities to assess needs and provide support, and human rights law requires public bodies to respect dignity, independence, and family life when making decisions.
World Day of Social Justice is a reminder that fair systems do not happen automatically. They depend on people understanding their rights, challenging unfair decisions, and holding public bodies accountable. In health and social care, this means ensuring that support is available when it is needed, that decisions are transparent, and that people are treated with dignity and respect. Raising awareness helps close the gap between legal rights and real life experiences.
How legal action improves access to care: case examples
Behind the wider issues discussed in this article are real people and families whose daily lives are affected by care decisions. Our Public Law and Human Rights team regularly supports individuals to challenge unlawful delays, incorrect assessments, and gaps in support.
For example, we recently acted for a client whose Care Act assessment did not properly reflect their needs. After we challenged the assessment, the local authority agreed to move the client into supported living accommodation and put increased respite care in place whilst the move is arranged. We also ensured the client was supported by an independent Care Act advocate throughout the reassessment process.
In another case, we acted for a mother who is the sole carer for her young son, who has profound autism and is non-verbal. Despite being eligible for support, the local authority had not completed a social care assessment, had not offered a carer’s assessment, and had not provided respite care or a suitable school placement. The situation had reached crisis point. After we sent a formal legal challenge, the authority agreed to provide three hours of daily respite care five days a week and offered the child a place at a specialist SEN school.
We also represent a woman who is wheelchair-dependent and paralysed down one side following a deterioration in her health. The local authority failed to reassess her needs and mistakenly suspended her payment card, leaving her without adequate care and at risk of serious harm. After we sent a letter before action, the authority reinstated funding, increased her interim care package, and agreed to pay the unpaid care costs that had built up whilst a full reassessment takes place.
These examples show how challenging unlawful decisions can lead to practical, life-changing improvements in safety, independence, and wellbeing.
How we may be able to help
If you or someone close to you is struggling to access the care, support, or funding you believe is needed, it can feel overwhelming and uncertain. Many people are unsure where to start or whether a decision can be challenged.
Our Public Law and Human Rights team can provide clear advice and help you understand your rights. We regularly support people with situations such as challenging care assessments that do not reflect the level of support required, questioning reductions to care packages, addressing delays in assessments or support being put in place, and reviewing funding decisions that do not cover the true cost of care.
We can also help where families feel they have not been properly involved in decisions, where councils have not clearly explained how decisions were reached, or where support has been refused despite significant needs.
If you would like to speak to someone about your situation, you can call us on 0808 149 9561 or request a callback. A member of our team will listen carefully, explain your options clearly, and help you understand what may be possible next.
