Deciding the Outcome of a Contact or Referral (Contact Team)
Amendment
In November 2023, information about ordinary residence in the section ‘Requests for an Adult Needs Assessment’ was reviewed and refreshed.
This procedure should be used to decide the outcome of a contact or written referral regarding a person with Care and Support needs. It should not be used when the contact or written referral was in regard to a carer.
If the contact or written referral relates to a carer, see Deciding the Outcome of a Contact or Referral (Carers).
The following are just some of the possible outcomes:
- Recording of information only;
- The provision of Information and Advice;
- Transfer of a call to a duty/allocated practitioner;
- Transfer of a written referral for an assessment;
- Transfer of a review request;
- Taking a telephone referral for assessment or a prevention service; or
- A combination of the above.
Case Examples
Greg has contacted the Local Authority because his mum is getting older and is finding some household chores more difficult than she used to. He doesn't know what help is available and is also worried about the future. The Local Authority provides Greg with contact details for various agencies that offer help with domestic chores and talk through the adult Care and Support assessment process with him. They also provide the details of a financial advice organisation so that Greg can find out what the financial implications of any future Care and Support needs may be for his mum.
Susan has been unwell lately and is lacking in confidence to do her weekly shopping. She has a computer and has been purchasing heavier items online but misses the social aspect of shopping and would like to be able to do a smaller shop in person. She has called the Local Authority for help. The Local Authority establishes that, while Susan has a large network of friends they all work and are not able to commit to supporting her with this. It is agreed that a referral will be made to the reablement service for a few weeks to support Susan to gain confidence to achieve her goal of carrying out a small shop each week.
Matilda has been recently diagnosed with a long term progressive illness. This has thus far affected her mobility but is likely to impact on other areas of her life over the coming months and years. Matilda has a good network of family support that is willing and able to continue supporting her with meeting most needs, although they are finding manual handling problematic. The Local Authority agrees for a social worker and an occupational therapist to complete a joint assessment of Matilda's needs. This approach will ensure that current manual handling needs are met, that strategies for preventing or delaying the development of other needs are agreed, that carers needs are understood and supported and that options for the future are discussed and explored at an early stage.
When you are making a decision about the appropriateness of a request for a needs assessment you must answer the following questions:
- Is the person aged 18 or above?
- Does the person have an appearance of need?
If you answer 'Yes' to both questions then a needs assessment is appropriate and the person is entitled to an assessment.
If the person is under the age of 18 an adult needs assessment is not appropriate and consideration should instead be given to carrying out a child's needs assessment (transition assessment).
If the person does not have an appearance of need there is no duty under the Care Act to assess. However, you should still consider whether carrying out an assessment will still be of benefit to them in terms of the prevention, reduction or delay of any future need for Care and Support.
You must be satisfied that the person is happy with any outcome provided to them that is not a formal assessment if they:
- Requested a formal assessment of need; and
- Have an appearance of need.
If the person is not happy and continues to request a formal assessment of need then the Local Authority has a duty under the Care Act to carry out such an assessment unless there is no appearance of need.
Wherever possible, every conversation with a person should be from a strengths perspective. This means that before you talk about service solutions to the presenting issue you must support the person to explore whether there is:
- Anything within their own power that they can do to help themselves; or
- Anything within the power of their family, friends or community that they can use to help themselves.
A strengths based approach is empowering for the person and gives them more control over their situation and how best to resolve any issues in the best way for them. The end result may still be that the Local Authority intervenes with an assessment or other support, but this decision will have been reached knowing that it is the most proportionate response available.
Adopting a strengths based approach involves:
- Taking a holistic view of the persons needs in the context of their wider support network;
- Helping the person to understand their strengths and capabilities within the context of their situation;
- Helping the person to understand and explore the support available to them in the community;
- Helping the person to understand and explore the support available to them through other networks or services (e.g. health);
- Exploring some of the less intrusive/intensive ways the Local Authority may be able to help (such as through prevention services or signposting.
SCIE have produced clear and practical guidance around how to use a strengths based approach in practice. See: Care Act Guidance on strengths-based approaches. Note: SCIE requires a login to access resources, but any social care practitioner can create one quickly and easily.
If it is clear to you what further action is required, and you are authorised and confident to make this decision you should do so to avoid any unnecessary delays.
If it is not clear what further action is required or you are not authorised or confident to make this decision you should not commit to an action straight away but discuss this with your line manager or the relevant team.
If this occurs during a telephone contact you should explain to the person making the contact that you need to seek advice before deciding the best course of action.
In all cases you should:
- Assure the person that their views have been heard and will be considered in any decision that is made; and
- Agree with the person when they can expect to hear from you again.
If you are sure that the action being requested is not appropriate you should be open about this in a respectful way.
For example, a person may be asking to speak to a named practitioner but it is clear from records that they are no longer allocated. This should be explained to the person and an offer to speak to a relevant duty worker made.
Where the action remains in dispute you must decide whether you are authorised and confident to make a final decision. If you are then you should do so. If not, then you should follow the guidance set out in unclear outcomes above.
If the person is not happy with the outcome of the contact you must make them aware of their right to complain about it.
People and carers can be directed to the Southwark Council website for information about the adult social care complaints process.
The Care Act places certain duties on the Local Authority whenever it is making any decision about a person with Care and Support needs. These are things that you absolutely must consider and are:
- The impact on the person's individual wellbeing;
- Whether any prevention service can be provided that will delay, reduce or prevent the need for Care and Support;
- Whether information or advice can be provided to support the person to find their own solution, or to delay, reduce or prevent the need for Care and Support.
It is vital that you understand your duties in relation to the above. Please use the links below to access further information as required.
- Promoting Individual Wellbeing for information about the duty to promote individual wellbeing;
- Preventing Needs for Care and Support for information about the duty to prevent, reduce or delay needs;
- Providing Information and Advice.
First answer the following questions:
- Is the person aged 18 or above?
- Does the person have an appearance of need?
If you answer 'Yes' to both questions then a needs assessment is appropriate and the person is entitled to an assessment.
You should either:
- Pass the written referral onto the relevant team; or
- Take a telephone referral.
Note: If it is clear that the person is not ordinarily resident in Southwark use the guidance below to determine the best course of action before passing or taking the referral.
If the person is under the age of 18 an adult needs assessment is not appropriate but the referral should still be passed to the Transitions if the young person has a learning or physical disability so that a transitions assessment can be considered.
If the person does not have an appearance of need there is no duty under the Care Act to assess. If you deem this to be the case you should discuss this with your line manager or the relevant team.
If a decision is subsequently made not to process the referral an agreement must be made about who will notify the referrer in writing of:
- The reason the assessment has been refused;
- What can be done to prevent or reduce the development of needs for Care and Support in the future; and
What to do if their needs change in the future.
The person is entitled to an assessment of need based on an appearance of need, and not whether they are ordinarily resident. As such there is no requirement to ascertain their ordinary residence status at the point of referral.
However, if it is clear that the person is not ordinarily resident in Southwark it may not be of benefit to them for Southwark to carry out the assessment. Wherever possible, the person (or referrer) should be provided with signposting information as required to enable them to contact the Local Authority in which they are ordinarily resident. If they are likely to experience difficulty doing so then, with their consent (or in their best interests if they lack capacity), this can be done on their behalf. If the person insists that an assessment is carried out by this Local Authority, if they have an appearance of need, the referral should be transferred to the relevant team.
If it is not clear whether the person is ordinarily resident, you should discuss this with your line manager or the relevant team before processing the referral. Note: To delay the process of meeting eligible needs assessment whilst establishing ordinary residence would be unlawful.
Under the Care Act, when a person is already receiving Care and Support from the Local Authority they may request a review of their Care and Support Plan at any time and the Local Authority must consider the request.
As such, all review requests should be transferred to the relevant team for consideration.
If a person is requesting a review of their equipment or adaptation this request should be transferred to the relevant Occupational Therapy team.
If you have received information that indicates a person may be at risk of abuse or neglect you will need to consider the measures that you (or others) can take to protect them.
Where a safeguarding concern has not been raised already you should raise a concern without delay.
See Safeguarding Adults.
If you are concerned that the person is in imminent danger from abuse or neglect, or that a criminal act has taken place you should contact the police by dialing 999.
If you have received information that indicates that a person may pose a risk to others you will need to consider the measures that you (or others) can take to reduce the risk and protect others.
See: Risk Assessment.
If the risk assessment indicates that a vulnerable adult or child may be at risk of abuse and neglect you must ensure that you raise a safeguarding concern without delay.
See Safeguarding Adults, which also includes information about how to raise a children's safeguarding concern.
If you are concerned that an adult or child is in imminent danger from abuse or neglect, or that a criminal act has taken place you should contact the police by dialing 999.
Recording of decision making should be clear and comprehensive yet proportionate. Anyone reading the recordings should be able to (as quickly and easily as possible) understand what has happened and why a particular decision has been made.
When available it is important to capture in recordings:
- The views of the person with Care and Support needs in regard to;
- Their needs and what they would/would not like to happen;
- The information and advice that has been given to them;
- Any verbal consent given to gather information or consult with others; and
- The possible outcomes that have been explored with them.
- The views of any carer in regard to;
- The needs of the person;
- Their needs and what they would/would not like to happen;
- The information and advice that has been given to them;
- Any verbal consent given to gather information or consult with others; and
- The possible outcomes that have been explored with them.
- The details of and views of any other person or organisation consulted with as part of the decision making process;
- Details of any manager or peer supervision discussions that have influenced the outcome decision;
- Any actions agreed with anyone, including how any follow up will take place;
- Where there have been concerns about the person's mental capacity to consent to the contact or referral, to consent to consultation with others or to be part of the decision making; a record of how mental capacity has been assessed and how any best interest decisions have been made;
- How the outcome has been decided, particularly how regard has been shown for individual Wellbeing, and how the decision prevents, delays or reduces the needs for Care and Support;
- How the outcome has been communicated and how it was received; and
- How the situation will be monitored for changes.
Recording should take place as near to the time that the actual event being recorded took place and in line with local recording requirements.
Last Updated: November 14, 2024
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