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Personalisation

The Care Act 2014 promotes personalisation and outlines scope for individuals who have
eligible needs to receive a personal budget, potentially independently of the local authority
and possibly in the form of a direct payment. Personalisation is a social care approach
described by the Department of Health as meaning that ‘every person who receives support,
whether provided by statutory services or funded by themselves, will have choice and control
over the shape of that support in all care settings’.

For people with epilepsy, support from social services is often associated with direct
payments and personal budgets, under which they can choose the services that they receive.
Personalisation should also mean that those services are tailored to the needs of every
individual rather than delivered in a one-size-fits-all fashion. It should also allow better
provision of improved information and advice on care and support for the families of people
with epilepsy, and investment in preventive services to reduce or delay people’s need for
care, as well as the promotion of independence and self-reliance for themselves and improved
access to community-based resources.

Appendix: Legislation and guidance to be replaced in whole or part

The following summarises some of the key legal provisions and existing statutory guidance
which are to be replaced by the Care Act 2014 and the associated regulations and guidance.

Where existing provisions relate to jurisdictions other than England, the provisions will be
disapplied so that they no longer relate to English local authorities. Where provisions relate
to children as well as adults they will be disapplied in relation to adults, but will remain in
force in relation to children. The repeals and revocations required will be provided for by
Orders under the Care Act.

The final detail of which precise provisions are to be replaced is to be confirmed during the
consultation process. The areas listed below are not therefore a final position, but are intended
to give an indication of the scope of the Act and the key existing provisions which are to be
affected.

• National Assistance Act 1948
• Health Services and Public Health Act 1968
• Local Authority Social Services Act 1970
• Chronically Sick and Disabled Persons Act 1970
• Health and Social Services and Social Security Adjudications Act 1983
• Disabled Persons (Services, Consultation and Representation) Act 1986
• National Health Service and Community Care Act 1990
• Carers (Recognition and Services) Act 1995
• Carers and Disabled Children Act 2000
• Health and Social Care Act 2001
• Community Care (Delayed Discharges etc.) Act 2003
• Carers (Equal Opportunities) Act 2004
• National Health Service Act 2006.

References

1. BRAMMER A. Social Work Law. Harlow: Pearson Education, 2010.
2. BRAYNE H, CARR H, GOOSEY D. Law for Social Workers. Oxford: Oxford University Press Basingstoke,

2013.
3. OLIVER M. Understanding Disability: From Theory to Practice. McMillan, Basingstoke, 1996.