About a Care Act assessment

What this means for you

• You are confident that you understand what the assessment is about, what will be discussed and how you will participate in the process.
• You are listened to about the things that are important to you and how you want to live your life and your wishes are respected.
• You understand that you will be asked things about how you live your life and you are comfortable sharing this information.
• You are prepared for the assessment, with a good idea of why it is happening; what you will say and timelines.

What this means for Kirklees Council

• We are committed to supporting people to fully participate in their own assessment.
• We focus on the outcomes you would like to achieve, in addition to your needs.
• We use good supporting evidence and are compassionate to a person's situation, without personal judgement.
• We have a sound understanding of a person's situation before the assessment, having spoken to them and their representatives to build rapport and trust.

You will be contacted before the assessment to talk through the process. You will be invited to take some time to consider what you would like to discuss, in terms of what you can do, what you may need support with and the outcomes you would like to achieve.

This could include:

• how you can best live your life.
• the things you need support with
• why certain things are important to you.

You may choose to be supported by your nominee (where relevant), this is any person nominated by you to assist with the ongoing management of direct payments for example a close friend or relative. Please note, it is only possible for a person lacking capacity to receive direct payments if there is an authorised person to receive direct payments on their behalf such as a legal representative, close family member, or approved third party. They must be able to act in the person's best interests and meet the responsibilities required by the local authority. Help to manage your direct payment (nominated and authorised person).

The assessment considers

• what is important to you.
• what you can and cannot do (with or without assistance).
• what assistance you need and how this impacts your wellbeing.
• any support you already have, whether this is paid support or from family or friends, and whether this will be continuing.

Adult assessments are guided by The Care Act. This is the legislation that sets out how health and social care and people who are the subject of an assessment (or their representative) can work in partnership, to explore whether there are care and support needs (also known as establishing eligibility).

The Care Act states that the council must provide for needs that relate to the following three criteria:

1. The needs arise from or are related to a physical or mental impairment or illness;
2. As a result of those needs the adult is unable to achieve two or more of the following specified outcomes:
• managing and maintaining nutrition.
• maintaining personal hygiene.
• managing toilet needs.
• being appropriately clothed.
• being able to make use of the home safely; maintaining a habitable home environment.
• developing and maintaining family and/or other personal relationships.
• accessing and engaging in work; training; education or volunteering.
• making use of necessary facilities or services in the local community, including public transport and recreational facilities or services.
• carrying out any caring responsibilities an adult has for a child (up to the age of 18).
3. As a result of not being able to achieve these outcomes there is, or there is likely to be, a significant negative impact on the person's wellbeing. This includes where the person can achieve the outcome, but it takes them significantly longer than would normally be expected; it causes them significant pain; distress or anxiety, or it poses a risk to health or safety.

Children and young people under the age of 18 are assessed to determine whether they have unmet needs and therefore require services under:

• the Children Act 1989 and/or
• the Children and Families Act 2014 (section 49) and/or
• the Statutory Guidance Special Educational Needs and Disability Code of Practice 0 to 25 years (2014).

Policy and guidance

We've updated our direct payments policy and guidance - this will be introduced as user agreements are updated from Summer 2026.

• Direct payments guidance
• Direct payments policy