The Care and Support (Disputes Between Local Authorities) Regulations 2014
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Change 1
2 Responsibility for meeting needs whilst dispute is unresolved
(1) The authorities must not allow the existence of the dispute to prevent, delay, interrupt or otherwise adversely affect the meeting of the needs of the adult or carer to whom the dispute relates. (2) The local authority which is meeting the needs of the adult or carer on the date on which the dispute arises must continue to meet those needs until the dispute is resolved. (3) If no local authority is meeting the needs on the date on which the dispute arises— (a) the local authority in whose area the adult needing care is living; or (b) if the adult needing care is not living in the area of any local authority, the local authority in whose area that adult is present, must, until the dispute is resolved, perform the duties under Part 1 of the Act in respect of the adult or carer as if the adult needing care was ordinarily resident in its area. (4) If the duty under paragraph (3) falls to be discharged by a local authority (“A”) which is not one of the authorities already party to the dispute, those authorities must, without delay, bring to A’s attention— (a) A’s duty under that paragraph; and (b) A’s status as the lead authority for the purposes of these Regulations. (5) A is not under the duties in these Regulations until the date on which it is aware of, or could reasonably be expected to have been aware of, its status as the lead authority. (6) Where the dispute is about the application of section 37 (continuity of care), the authorities must perform their duties under sections 37 and 38 notwithstanding the existence of the dispute.
2 Responsibility for meeting needs whilst dispute is unresolved
(1) The authorities must not allow the existence of the dispute to prevent, delay, interrupt or otherwise adversely affect the meeting of the needs of the adult or carer to whom the dispute relates. (2) The local authority which is meeting the needs of the adult or carer on the date on which the dispute arises must continue to meet those needs until the dispute is resolved. (3) If no local authority is meeting the needs on the date on which the dispute arises— (a) the local authority in whose area the adult needing care is living; or (b) if the adult needing care is not living in the area of any local authority, the local authority in whose area that adult is present, must, until the dispute is resolved, perform the duties under Part 1 of the Act in respect of the adult or carer as if the adult needing care was ordinarily resident in its area. (4) If the duty under paragraph (3) falls to be discharged by a local authority (“A”) which is not one of the authorities already party to the dispute, those authorities must, without delay, bring to A’s attention— (a) A’s duty under that paragraph; and (b) A’s status as the lead authority for the purposes of these Regulations. (5) A is not under the duties in these Regulations until the date on which it is aware of, or could reasonably be expected to have been aware of, its status as the lead authority. (6) Where the dispute is about the application of section 37 (continuity of care), the authorities must perform their duties under sections 37 and 38 notwithstanding the existence of the dispute.
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