Assessment of needs

An assessment of needs is a discussion between you and anyone who helps you, and your council, to understand your current situation and what you need support with.

Sometimes it is just called an ‘assessment’.

You have the legal right to request an assessment, even if you are not sure if you would qualify for social care support through your council.

It is the responsibility of the local authority (council) to carry out the assessment. This is usually the social work department, although in some areas, they will organise for another organisation to do this, for example a Carers’ Centre.

 

What does a good assessment look like?

A good assessment should focus on what is important to you, and what you need support to help you achieve. This is known as your personal outcomes.

Some examples of personal outcomes could be things like:

  • staying safe
  • improving your health
  • getting out and about
  • being able to carry on going to college.

An assessment should not just focus on what you cannot do.

It should be about finding out what you need support with, and what a good life looks like for you.

The person doing the assessment should ask you about what is working well in your life, and any supports you already have.

As assessment usually takes place in person in your home, or in hospital if you are in hospital. It might take place over the phone or on a video call.

The person doing the assessment should take your preferences about where and how the assessment takes place into account, but they may prefer to meet you in person to help them understand your circumstances.

 

Can I get help with the assessment?

It is a good idea to get someone to help you with the assessment, like a family member or friend.

If a friend or family member usually supports you in your life, they have the right to involved in the assessment too.

If there is no one who can help you, you can ask for help from an advocacy organisation who can support you to make your views known. You can search for a local advocacy organisation here.

 

When will an assessment take place?

Unfortunately, there can be long waiting times for an assessment. There is currently no law that says how quickly someone should get an assessment.

When you ask for an assessment, your council should tell you how long you will have to wait.

If you have been waiting a longer than the time they say, contact your council to chase them up.

If your needs are urgent, make sure you tell your council.

It is a good idea to contact an Independent Support Organisation, who can help you when it comes to speaking with the council.

Find contact information for your local Independent Support Organisation using the Find Help search tool.

 

How do I prepare for an assessment?

It is important to prepare for the assessment. This will help the person doing your assessment understand your situation and everything you need support with.

There are local organisations called Independent Support Organisations who can help you prepare for an assessment. It is a good idea to speak to them before you have your assessment so they can help you prepare for what you want to say.

You can find the details for your local Independent Organisation using the Find Help search tool.

It is also a good idea to gather information from other people, for example, people like your doctor, to help explain what you need support with.

You also might find it helpful to read the next article: Thinking about what you need support with

 

How do I request an assessment?

You should contact your local council’s social work department and ask for an assessment of needs.

You can find the contact details for your local social work department using the Find Help search tool.

You can contact your council yourself, or ask a family member, friend, or someone else to do this for you.

 

What happens after assessment?

When the assessment has been completed, you should get a copy of what has been written down.

Your council will decide if you are eligible for formal social care support through them, based on rules they use to decide who can get support.

Find out more about this on the page: Can I get social care support?

If you are eligible for support, the next step is to work with them to create a support plan.

 

Next steps

Find out more about preparing for an assessment on the next page: Thinking about what you need support with

Lots of people have a good experience of the assessment process but we know that some common issues come up for people.

Here is what do to if any of these things happen to you.

 

I don’t feel my assessment captured what is important to me and what I need support with

If this happens, it can be a good idea to get help from someone who can support you to speak to your council about it.

Independent Support Organisations and advocacy services can help you:

  • prepare for an assessment
  • ask your council for more information
  • challenge an assessment if you feel it was not carried out appropriately.

Find contact information for your local Independent Support Organisation using the Find Help search tool.

Find a local advocacy service here.

You can also make a formal complain to your council. Find out more in this article: How to challenge decisions

 

The person doing my assessment was not interested in me, they just asked questions about what I cannot do

An assessor is supposed to take enough time to fully understand you, your situation, and what is important to you.

Sometimes assessments can feel rushed, or feel like just going through a ‘tick box exercise’.

It is a good idea to get support with the assessment from a family member, friend, advocate or someone from an Independent Support Organisation.

You can also explain what the law and guidance for councils says about doing an assessment. This is in the What should happen and What the law says sections below.

 

I have been waiting a long time for an assessment

Unfortunately, there is currently no law that says how quickly someone should get an assessment.

When you ask for an assessment, your council should tell you how long you will have to wait.

If you have been waiting longer than they said it would be, contact your council to chase them up.

If your needs are urgent, make sure you tell the council.

It is a good idea to contact an Independent Support Organisation, who can help you when it comes to speaking with the council.

Find contact information for your local Independent Support Organisation using the Find Help search tool.

 

I have been told I can’t get an assessment

You have the legal right to an assessment. Your council can only say ‘no’ if you have recently had an assessment, and your needs have not changed since.

You can refer to the law about assessments – see the What the law says section below for more information on this.

It is a good idea to contact an Independent Support Organisation, who can help you when it comes to requesting an assessment.

Find contact information for your local Independent Support Organisation using the Find Help search tool.

The SDS Standards give guidance to local councils to tell them what they should do when it comes to arranging social care support (Self-directed Support).

These SDS Standards are not laws, but all councils have signed up to them. Councils should work to these standards.

When it comes to assessments, here is what the Standards say:

  • Assessments should be based on trust-based relationships and good conversations between you, anyone who helps you, and the person doing the assessment (3.1)
  • The assessment should look at your strengths, what you have that helps you in your life already, and your human rights (3.2)
  • What matters to you is the most important part of agreeing what your outcomes are, which are then recorded in your support plan (3.3)

You can find a link to the Standards here.

The law about social care support is called the Social Care (Self Directed Support) (Scotland) Act 2013.

It says:

  • you have the right to be as involved as you want to be in the assessment
  • your local authority (council) must collaborate with you when it comes to your assessment. 

You can find a link to the parts that talk about assessment here.

Another law, called the Social Work (Scotland) Act 1968, says:

  • you have the right to request an assessment of your needs.

You can find a link to part of the law that talks about the right to request an assessment here.

The SDS Statutory Guidance is legal guidance written for local councils to tell them how social care support (Self-directed Support) should work.

It says:

  • Social workers should consider your whole experience when carrying out an assessment
  • The assessment should consider your needs and the outcomes you want to achieve – these are the things that are important to you
  • The assessment processes should recognise your strengths and the supports you already have in your life
  • The assessment should lead to agreeing outcomes – these are the things that are important to you that you need support to help you achieve
  • You have the right to question and challenge decisions throughout the assessment process.

You can find a link to the relevant part of the Statutory Guidance here.

Part of
Last Updated
15 August 2024
First Published
21 March 2024
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Disclaimer

Please note that the information contained in this Handbook is provided for guidance purposes only. Every reasonable effort is made to make the information accurate and up to date, but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by Self Directed Support Scotland or any other contributing party.

The information does not, and is not intended to, amount to legal advice. You are strongly advised to obtain specific, personal and professional advice from a lawyer about employment law matters, or an accountant/ tax specialist about taxation matters, and from HMRC and your insurers. You should not rely solely on the information in this Handbook. Support organisations listed in this Handbook can help you find appropriate sources of advice.