General Principles under the 2013 Act.

The 2013 Act sets out four statutory principles, Participation and dignityInvolvement Informed choice and Collaboration, and these are examined in more detail in the Statutory Guidance to accompany the Act together with additional good practice principles.

They are set out in the form of a table in the Statutory Guidance

Table 1: The legal principles that must underpin assessment

The principle

What it means in practice

Participation - a statutory principle and a key aspect of independent living

The supported person should be provided with the help that they need to participate in and be part of, the life of their community and wider society 

Underpinned by Section 2 of the 2013 Act

Dignity - a statutory principle and a key aspect of independent living

The professional should facilitate the supported person‘s right to dignity. 

Underpinned by Section 2 of the 2013 Act

Involvement – a statutory principle

The professional should involve the supported person in a genuine and active way in deciding their outcomes and in planning and delivering their support. 

Underpinned by section 1 of the 2013 Act. Communities should be assisted to play an active role in the commissioning of services.

Informed Choice - a statutory principle

The supported person should receive the assistance they need to help them to make an informed choice. 

Underpinned by Section 1 of the 2013 Act

Collaboration -a statutory principle

The professional and the supported person should work together in the completion of the assessment, the support plan and in the provision of support. 

Underpinned by Section 1 of the 2013 Act

Responsibility

The supported person should be able to take as much control over their support as they wish. In return, the supported person should exercise that choice and control in a responsible way.

Risk enablement

The supported person should be assisted to feel safe and secure in all aspects of life, to enjoy safety but not to be over-protected and, in so far as possible, to be free from exploitation and abuse.

Innovation

The professional and the supported person should develop creative solutions to meet the outcomes identified in the support plan.



Although the legislation allows for a measure of flexibility in how assessments are undertaken and how support is planned and provided, individuals should be able to rely on the application of these principles in practice, and as discussed earlier, deviation from these principles may be the basis for a challenge to a social care decision.


Last modified: Thursday, 30 January 2020, 9:32 PM