The Care Act 2014: your rights in plain English

The Care Act 2014 is the main law on adult social care in England. It gives anyone who appears to need care the right to a free needs assessment from their council, whatever their savings, and it gives unpaid carers the same right to their own assessment. If the needs meet the national eligibility criteria, the council must make sure they are met, although it can charge for the care after a financial assessment.

In short

• Section 9: the council must assess anyone who may need care, regardless of how much money they have or how serious it thinks their needs are.
• Section 10: any unpaid carer who may need support has a right to a carer’s assessment, even if the person they care for refuses one.
• Eligibility is national: a person qualifies if they cannot achieve 2 or more of 10 set outcomes and this has a significant impact on their wellbeing.
• Care is means-tested: in a care home, people with more than £23,250 in capital usually pay the full cost; below £14,250 capital is ignored.
• A free independent advocate must be provided if someone has substantial difficulty taking part and no suitable friend or relative can help.
• The planned £86,000 care cap was cancelled in July 2024 and is not coming into force.

The wellbeing principle: the starting point for every decision

Section 1 of the Act places a general duty on councils to promote the wellbeing of the person they are dealing with. This is not a vague aim. Every decision about assessment, eligibility, care planning and safeguarding must be made with it in mind. The Act lists nine areas that make up wellbeing:

• personal dignity, including being treated with respect
• physical and mental health and emotional wellbeing
• protection from abuse and neglect
• control over day-to-day life, including how care is provided
• taking part in work, education, training or recreation
• social and economic wellbeing
• domestic, family and personal relationships
• suitability of living accommodation
• the person’s contribution to society

The council must also start from the assumption that the person is best placed to judge their own wellbeing, and must not base decisions only on age, appearance or a diagnosis. Quote section 1(3)(a) when a parent’s wishes are being brushed aside.

Your right to a needs assessment

Section 9 says that where it appears an adult may need care and support, the council must assess them. The duty applies whatever the council thinks of the level of need and whatever the person’s finances. Self-funders are entitled to one too, and it is worth having: it records need and is the first step if savings later fall.

The council must involve the person, their carer and anyone they ask to be involved, or, if they lack capacity to ask, anyone interested in their welfare.

There is no fixed legal deadline. The statutory guidance says assessments should happen over “an appropriate and reasonable timescale”, taking account of urgency, and that the person should be told the likely timescale. If you are waiting weeks with no date, a written request citing section 9 often moves things on. Our guide to preparing for a care needs assessment covers what to say on the day.

A person with capacity can refuse an assessment. But section 11 says the council must still assess if the person lacks capacity and an assessment would be in their best interests, or if they are experiencing, or at risk of, abuse or neglect. That includes self-neglect, which we cover in self-neglect: how to raise a concern.

The eligibility criteria

Since April 2015 one national threshold has applied across England. It is set by the Care and Support (Eligibility Criteria) Regulations 2015, made under the 2014 Act. An adult’s needs are eligible if all three of these are true:

1. The needs arise from, or are related to, a physical or mental impairment or illness.
2. Because of those needs, the person is unable to achieve two or more of the outcomes in the table below.
3. As a result, there is, or is likely to be, a significant impact on their wellbeing.

The detail that families most often miss is what “unable to achieve” means. A person counts as unable if they cannot do it without help, or if they can do it alone but it causes significant pain, distress or anxiety, endangers their or someone else’s health or safety, or takes significantly longer than would normally be expected. A father who can wash himself, but only by spending an hour gripping the sink in pain, is unable to achieve that outcome. Where needs fluctuate, the council must look at a long enough period to get an accurate picture, so keep a diary of bad days.

The council must give a written record of its eligibility decision and the reasons. If it finds needs are eligible, it must meet them (subject to charging) and agree a care and support plan, with a personal budget showing what it costs. The plan should be reviewed at least every 12 months, with a lighter check 6 to 8 weeks after it starts. You can ask for the budget to be paid as direct payments so you arrange care yourself.

Paying for care: what the Act does and does not change

The Act allows councils to charge, after a financial assessment. For 2026/27 the limits in England are unchanged: above £23,250 in capital a person usually pays the full cost of a care home; between £14,250 and £23,250 they pay a tariff income of £1 a week for every £250 (or part of £250) in that band; below £14,250 capital is ignored. A resident keeps a Personal Expenses Allowance of at least £31.80 a week. Use our funding checker to see where your parent is likely to fall.

Worked example (illustrative figures): Joan has £19,250 in savings and needs a care home. The amount above £14,250 is £5,000, which is 20 blocks of £250, so the council treats her as having £20 a week of tariff income on top of her pension when working out her contribution.

The Act also created the right to a deferred payment agreement and works alongside the 12-week property disregard, both of which can stop a house having to be sold quickly. Short-term reablement and intermediate care are free for up to six weeks.

The care cap was cancelled

Parts of the Act would have introduced an £86,000 lifetime cap on personal care costs and a much higher upper capital limit. First due in 2016, they were repeatedly delayed, most recently to October 2025, and in July 2024 the Chancellor announced they would not go ahead. There is no cap on care costs in England today. Our page on the care cap explains the history.

Rights for carers

Before 2015 carers had weaker rights. Under section 10, any adult who provides or intends to provide unpaid care, and who may have needs for support, must be offered a carer’s assessment. It looks at whether the carer is able and willing to keep caring, and at their health, work and time off. Carers have their own eligibility test: the needs must arise from providing necessary care, the carer’s health must be at risk or they must be unable to achieve at least one of eight outcomes (such as work, relationships or looking after a home), and there must be a significant impact on their wellbeing.

If the carer is eligible, the council must meet those needs, for example with respite care, a carer’s personal budget or help with transport. The council can never assume a carer will carry on. See our full guide to the carer’s assessment.

Choice of care home

When the council is arranging a care home place, the Care and Support and Aftercare (Choice of Accommodation) Regulations 2014 give the person the right to choose a home, provided it is suitable for their assessed needs, has a place, and the provider will agree to the council’s terms. The council must offer at least one affordable option within the personal budget. If the chosen home costs more, a family member or other third party can usually pay the difference as a top-up fee. The council cannot force a person with capacity to move into a care home: see can you be forced into a care home?

Independent advocacy

Section 67 says the council must arrange an independent advocate during assessment, care planning and reviews if the person would have substantial difficulty understanding, retaining or weighing up information, or communicating their wishes, and there is no suitable person to support them. The suitable person cannot be someone paid to provide care. Advocacy is free; ask for it in writing if a parent with dementia is being assessed and no family member can attend.

Prevention and information

Section 2 requires councils to provide or arrange services that prevent, reduce or delay the need for care. This is where free equipment, minor adaptations costing £1,000 or less, falls services and reablement come from, so ask for an occupational therapy assessment early. Section 4 requires councils to offer information and advice, including on paying for care.

How to complain when the council gets it wrong

1. Complain to the council in writing. Name the section you think has been breached, say what happened, and say what you want done. Keep copies.
2. Ask for the records. Request copies of the assessment, eligibility decision and care plan; errors are often in the detail.
3. Go to the Local Government and Social Care Ombudsman. If the council’s final response does not resolve things, the Ombudsman investigates for free. You normally need to complain within 12 months of becoming aware of the problem. It also covers complaints about privately arranged care, including care homes and home care agencies paid for by self-funders.
4. Get legal advice for urgent cases. Where a decision is unlawful and harm is imminent, a solicitor may advise judicial review, which has strict time limits.

For complaints about the care itself, see how to complain about a care home.

Scotland, Wales and Northern Ireland

The Care Act 2014 social care rules apply in England only; Wales has the Social Services and Well-being (Wales) Act 2014, and Scotland and Northern Ireland have their own laws and limits. See Scotland, Wales and Northern Ireland.

Frequently asked questions

What rights do I have under the Care Act 2014?

In England you have the right to a free needs assessment whatever your savings, a written eligibility decision, a care and support plan with a personal budget if your needs are eligible, choice of care home within limits, an independent advocate if you need one, and protection from abuse and neglect. Unpaid carers have the right to their own assessment and support.

Can the council refuse to do a care needs assessment?

No, not if it appears you may need care and support. Section 9 says the council must assess regardless of its view of your level of need or your finances, so having more than £23,250 in savings is not a reason to refuse. It can decide afterwards that your needs are not eligible, but it must give you that decision in writing with reasons.

What are the eligibility criteria for social care in England?

Your needs must come from a physical or mental impairment or illness, you must be unable to achieve two or more of 10 outcomes such as washing, eating, dressing or using your home safely, and this must have a significant impact on your wellbeing. Doing a task alone but with significant pain, distress or risk, or taking much longer than normal, counts as unable.

Is the £86,000 care cap still happening?

No. The cap on care costs and the higher £100,000 capital limit were repeatedly delayed and then cancelled in July 2024. In 2026/27 the upper capital limit in England is still £23,250 and the lower limit £14,250. There is no lifetime limit on what a self-funder may pay for care.

Does the Care Act apply to self-funders?

Yes. Self-funders have the same right to a needs assessment, information and advice, and safeguarding. Those who pay for home care can ask the council to arrange it for them, although the council may charge an arrangement fee. Self-funders can also complain to the Local Government and Social Care Ombudsman about privately arranged care homes and home care.

How do I complain about a Care Act decision?

Complain in writing to the council’s adult social care complaints team, naming the decision and what you want changed. If you are unhappy with its final response, ask the Local Government and Social Care Ombudsman to investigate. The service is free, and you should usually go to it within 12 months of becoming aware of the problem.

Sources

• Care Act 2014 (legislation.gov.uk)
• Care and Support (Eligibility Criteria) Regulations 2015
• Care and Support and Aftercare (Choice of Accommodation) Regulations 2014
• GOV.UK: Care and support statutory guidance
• Local Government and Social Care Ombudsman
• NHS: Social care and support guide

General information, not legal or financial advice. Figures for 2026/27, checked October 2026.

Reviewed by The Care Panel team on 29 October 2026. This guide is general information about care in England, not legal, medical or financial advice. Rules and rates change; check with your council or an adviser before making decisions.