Commentary on Sections Section 36 – Power to meet care and support needs of adult
125.Section 36 confers a power on local authorities to meet the care and support needs of an adult without necessarily having first completed a needs assessment or a financial assessment. This power is available, for example, where it is considered necessary to meet needs as a matter of urgency.
126.This power is also available in cases where an assessment has been carried out but the needs do not meet the eligibility criteria. In these circumstances, the local authority may nonetheless decide to meet the needs, even though they are not under a duty to do so. If the local authority is meeting the care and support needs of an adult who is ordinarily resident in the area of another local authority, then it must notify that other authority that it is doing so.