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White paperMichael Clark
The Starting Point, Not the Answer
AI allocation tools in adult social care are governed by the law that already governs Resource Allocation Systems: the Care Act framework, its statutory guidance and the case law, including R (KM) v Cambridgeshire, which the council won. The output is indicative, the authority must explain both the output and any departure from it, and the budget must meet assessed eligible needs. The recommended steps are to measure departure rate and its direction, test whether one decision can be explained, check calibration and run a dated equality enquiry.
Key findings
- For most UK authorities the operative law for AI allocation tools is the Care Act framework, case law, public law, the equality duty and data protection, whether or not the AI Act applies.
- Under the statutory guidance, cost may shape how eligible needs are met but not whether they are met (para 10.27).
- In R (KM) v Cambridgeshire the council won, so the case is not a claimant's authority, although Lord Wilson described the RAS output as only the first step.
In the paper
- What has changed is the tool
- What the Care Act requires
- Three rules from the courts
- The case that is often misread
- Why an AI tool finds the rules harder
- Evidence, not assertion
- Two steps that cost about a day
Michael Clark
Chief Executive Officer, Standard Intelligence
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