Emergency care when the carer is in hospital
The person who looks after your relative has been admitted. The Care Act 2014 puts a legal duty on the council to step in. Here is how to invoke it tonight.
The short answer. Call the council adult social care duty desk and say the words"the carer is unavailable, this is an emergency under Care Act section 19". The council must act if not doing so would risk harm. They can commission a same-week respite bed, a Shared Lives placement, or domiciliary cover. Funding follows assessment but care must not wait for it.
The legal hook: Care Act s.19
Section 19(3) of the Care Act 2014 lets a council meet needs in an emergency before any assessment is complete. Care Act s.19 ↗Use those exact words on the phone. The duty officer will know them.
Carer contingency under s.10
If you are the back-up carer, you have a right to a Carer's Assessment under Care Act s.10. In a crisis, request a fast-track contingency plan in writing. Care Act s.10 ↗Carers UK has a clear template. Carers UK ↗
Tonight: three calls in order
- NHS 111, option 2 (social care). They route to the out-of-hours duty desk.
- Council adult social care emergency duty team (every council has one).
- Care provider you already use (domiciliary or day care) for short-notice cover.
Frequently asked
Will the council demand a means test before acting?
No. Section 19(3) means care happens first. The means test runs alongside or after. Document the date and time of the emergency call in writing.
Can a Shared Lives carer be matched same-week?
Often yes, where the scheme has capacity. Shared Lives is one of the fastest emergency routes when the cared-for person is independent or has mild needs.
What if the council says they cannot help tonight?
Ask for the refusal in writing, citing Care Act s.19(3). Then ring NHS 111 and the carer charity helpline (Carers UK 0808 808 7777, Mon-Fri 9-6).
Last reviewed 2026-06-21. Clinical reviewer pending appointment (target Sep 2026); meanwhile reviewed by the editorial team.