That the Care and Support Eligibility Policy Operating Guidance attached as Appendix 1 to this record of decision be approved.

The Care Act makes it clear that an assessment is to be treated as an intervention in its own right. The purpose of an assessment is to identify what needs the person may have and what outcomes they are looking to achieve to maintain or improve their wellbeing. As such, it provides an opportunity to help people find ways to reduce or prevent needs from escalating, and to build upon their personal strengths, capabilities and support that might be available in their wider network or community to meet their needs. 

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This decision will be come into force immediately.

Under section 9 of the Care Act 2014, Torbay Council and their delegated provider, Torbay and South Devon NHS Foundation Trust (hereafter TSDFT), have a statutory duty to assess the needs of any adult or carer who appears to have needs for care and support and then to determine whether those needs are eligible for support or services from the trust.

Sections 1 and 2 of the Care Act place overarching duties on the Trust to promote an individual’s ‘wellbeing’ and to provide preventative information and/or support that could delay or reduce any needs identified during the assessment process.

This guidance underpins the eligibility policy in place in TSDFT.

The Care and Support Eligibility Policy was approved by the elected Mayor at the meeting of the Policy Development and Decision Group (Joint Commissioning Team) held on 16 April 2018 which required that the operational guidance when available be further approved by the DASS in consultation with the Executive Lead for Adults.

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