File Name: national health service and community care act 1990 .zip
- Assessing the mental health needs of older people
- National Health Service and Community Care Act 1990
- The National Health Service and Community Care Act 1990
This resource was last updated in April Please refer to ' Safeguarding adults: types and indicators of abuse ' instead. This section focuses on areas of law and policy that primarily affect the treatment and care of older people with a mental illness. It is particularly targeted at non-specialist workers who want to know more about the legal framework, including the circumstances under which a person can be detained in a psychiatric setting and what the law says about helping an older person who lacks capacity to make their own decisions.
Assessing the mental health needs of older people
The Act made provisions to split the provision and commissioning ie purchasing of healthcare. It marked the start of an internal market within the NHS, with the creation of NHS trusts and changes to the way in which local authorities carried out their social care functions. The Act gave the secretary of state powers to establish NHS trusts by order. These trusts were to assume responsibility for the ownership and management of hospitals or other facilities previously managed or provided by regional, district or special health authorities. These 'self-governing' trusts had greater freedoms to borrow money, generate income and raise revenue directly from providing services.
Under the National Health Service and Community Care Act any adult aged 18 or over who is eligible for and requires services from the Local Authority has the right to a full assessment of their needs and the services provided should be individually tailored to meet those assessed needs. The individual has a right to participate in the full assessment of their needs. A person may be charged for any services provided following a financial assessment although many people will be exempt from charges depending on their legal status [especially under the Mental Health Act ] or their level of income. The two main stipulations are: Everyone who requires services has the right to a full assessment of their needs and to be fully involved in that assessment. Everyone assessed who is eligible has the right to expect that the services they receive are tailored to meet their needs where reasonably practicable. This assessment is currently organised by the Local Authority who must arrange for a named Case Manager to be responsible for the assessment and care planning. All plans should be reviewed at least once a year.
National Health Service and Community Care Act 1990
The intention is that the Care Act will make it easier for the public to understand why things happen in a particular way. Some of this legislation is described on other pages in this section see left-hand menu or in other areas of this site. Describes a duty for local authorities to offer cash payments for any community care services to all individuals to meet assessed eligible needs of disabled people aged 16 or over or who have parental responsibility for a disabled child or who is a carer aged 16 or over. Individuals must have been assessed as being willing and able to manage Direct Payments either alone or with support. Describes a duty for local authorities to make payments to NHS bodies where a persons discharge from hospital is delayed because care services or services to carers have not been provided. Requires NHS Hospitals to notify Local Authorities of anyone who is likely to need community care services when they are discharged from hospital.
Professional Reference articles are designed for health professionals to use. You may find the Personal Independence Payment article more useful, or one of our other health articles. NICE has issued rapid update guidelines in relation to many of these. This guidance is changing frequently. Community care services are intended to help people who need care and support to live with dignity and independence in the community and to avoid social isolation. The services are aimed at the elderly and those who have mental illness, learning disability and physical disability.
Authority may, as the provider, enter into an NHS contract (as defined in section 4 below) under which the goods or services to be provided are of the same.
The National Health Service and Community Care Act 1990
The National Health Service and Community Care Act c 19  introduced an internal market into the supply of healthcare in the United Kingdom, making the state an 'enabler' rather than a supplier of health and social care provision. The Act states that it is a duty for local authorities to assess people for social care and support to ensure that people who need community care services or other types of support get the services they are entitled to. Patients have their needs and circumstances assessed and the results determine whether or not care or social services will be provided. This also ensures that the people giving the care follow a certain set of rules called the care value base. Local authority resources can be taken into account during the assessment process, but if it is deemed that services are required, those services must be provided by law: services cannot be withdrawn at a later date if resources become limited.
On 1st April, the NHS will be "liberated".