Checklist of core duties for local authorities when assessing fluctuating needs under the Care Act

• Local authorities must consider whether the person’s current level of need is likely to fluctuate and what their ongoing needs for care and support are likely to be.
• Local authorities must consider the person’s care and support history over a suitable period of time, both the frequency and degree of fluctuation.
• Local authorities must consider the impact of the person’s needs on anyone who cares for them and their wider family.
• Local authorities must consider a carer’s needs over a suitable period of time to ensure all of their needs have been accounted for when eligibility is being determined.
• Local authorities must involve any person that the adult with care and support needs, or the carer with support needs, wants to be involved in the assessment. The local authority should ask the person who else should be consulted, provided with information or otherwise involved.
• Local authorities must ensure that a person with needs around safeguarding (see Care Act Guidance Chapter 14), independent advocacy (see Care Act Guidance Chapter 7) and assessing mental capacity (see Mental Capacity Act Code of Practice) are met.
• Local authorities must ensure the person with care and support needs is capable of engaging in the assessment process and provide additional support if not.
• Local authorities must ensure that all other organisations and agencies with an interest and involvement in the care and support needs of the person requiring immediate support, and their carers, are engaged in the process. Authorities must ensure a seamless flow of information between assessments under different statutory duties and minimise the requirement for duplication in providing information on needs, desired outcomes, circumstances and strengths.