(1) If an SAB requests a person to supply information to it, or to some other person specified in the request, the person to whom the request is made must comply with the request if—
(a) conditions 1 and 2 are met, and
(b) condition 3 or 4 is met.
(2) Condition 1 is that the request is made for the purpose of enabling or assisting the SAB to exercise its functions.
(3) Condition 2 is that the request is made to a person whose functions or activities the SAB considers to be such that the person is likely to have information relevant to the exercise of a function by the SAB.
(4) Condition 3 is that the information relates to—
(a) the person to whom the request is made,
(b) a function or activity of that person, or
(c) a person in respect of whom that person exercises a function or engages in an activity.
(5) Condition 4 is that the information—
(a) is information requested by the SAB from a person to whom information was supplied in compliance with another request under this section, and
(b) is the same as, or is derived from, information so supplied.
(6) Information may be used by the SAB, or other person to whom it is supplied under subsection (1), only for the purpose of enabling or assisting the SAB to exercise its functions.
46 Abolition of local authority's power to remove persons in need of care
Section 47 of the National Assistance Act 1948 (which gives a local authority power to remove a person in need of care from home) ceases to apply to persons in England.
47 Protecting property of adults being cared for away from home
(1) This section applies where—
(a) an adult is having needs for care and support met under section 18 or 19 in a way that involves the provision of accommodation, or is admitted to hospital (or both), and
(b) it appears to a local authority that there is a danger of loss or damage to movable property of the adult's in the authority's area because—
(i) the adult is unable (whether permanently or temporarily) to protect or deal with the property, and
(ii) no suitable arrangements have been or are being made.
(2) The local authority must take reasonable steps to prevent or mitigate the loss or damage.
(3) For the purpose of performing that duty, the local authority—
(a) may at all reasonable times and on reasonable notice enter any premises which the adult was living in immediately before being provided with accommodation or admitted to hospital, and
(b) may deal with any of the adult's movable property in any way which is reasonably necessary for preventing or mitigating loss or damage.
(4) A local authority may not exercise the power under subsection (3)(a) unless—
(a) it has obtained the consent of the adult concerned or, where the adult lacks capacity to give consent, the consent of a person authorised under the Mental Capacity Act 2005 to give it on the adult's behalf, or
(b) where the adult lacks capacity to give consent and there is no person so authorised, the local authority is satisfied that exercising the power would be in the adult's best interests.
(5) Where a local authority is proposing to exercise the power under subsection (3)(a), the officer it authorises to do so must, if required, produce valid documentation setting out the authorisation to do so.
(6) A person who, without reasonable excuse, obstructs the exercise of the power under subsection (3)(a)—
(a) commits an offence, and
(b) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(7) A local authority may recover from an adult whatever reasonable expenses the authority incurs under this section in the adult's case.
(1) This section applies where a person registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 (a “registered care provider”) in respect of the carrying on of a regulated activity (within the meaning of that Part) becomes unable to carry on that activity because of business failure.
(2) A local authority must for so long as it considers necessary (and in so far as it is not already required to do so) meet those of an adult's needs for care and support and those of a carer's needs for support which were, immediately before the registered care provider became unable to carry on the regulated activity, being met by the carrying on of that activity in the authority's area by the provider.
(3) A local authority is accordingly required to meet needs under subsection (2) regardless of—
(a) whether the relevant adult is ordinarily resident in its area;
(b) whether the authority has carried out a needs assessment, a carer's assessment or a financial assessment;
(c) whether any of the needs meet the eligibility criteria.
(4) Where a local authority is meeting needs under subsection (2), it is not required to carry out a needs assessment, a carer's assessment or a financial assessment or to determine whether any of the needs meet the eligibility criteria.
(5) A local authority may make a charge for meeting needs under subsection (2) (except in so far as doing so involves the provision of information or advice); and a charge under this subsection may cover only the cost that the local authority incurs in meeting the needs to which the charge applies.
(6) Subsection (5) does not apply if section 49 (cross-border cases) applies (see subsection (3) of that section).
(7) If the relevant adult is not ordinarily resident in the area of the local authority which is required to meet needs under subsection (2), that authority—
(a) must, in meeting needs under that subsection which were being met under arrangements made by another local authority, co-operate with that authority (in so far as it is not already required to do so by section 6);
(b) must, in meeting needs under that subsection which were being met under arrangements all or part of the cost of which was paid for by another local authority by means of direct payments, co-operate with that authority (in so far as it is not already required to do so by section 6);
(c) may recover from the other local authority mentioned in paragraph (a) or (b) (as the case may be) the cost it incurs in meeting those of the adult's or carer's needs referred to in the paragraph in question.
(8) Any dispute between local authorities about the application of this section is to be determined under section 40 as if it were a dispute of the type mentioned in subsection (1) of that section.
(9) “The relevant adult” means—
(a) in a case involving an adult's needs for care and support, that adult;
(b) in a case involving a carer's needs for support, the adult needing care.
(1) This section applies where, in a case within section 48, immediately before the registered care provider became unable to carry on the regulated activity, some or all of the adult's needs for care and support or the carer's needs for support were being met by the carrying on of that activity by the provider under arrangements made—
(a) by a local authority in Wales discharging its duty under section 35 or 40, or exercising its power under section 36 or 45, of the Social Services and Well-being (Wales) Act 2014,
(b) by a local authority in Scotland discharging its duty under section 12 or 13A of the Social Work (Scotland) Act 1968 or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003, or
(c) by a Health and Social Care trust under Article 15 of the Health and Personal Social Services (Northern Ireland) Order 1972 or section 2 of the Carers and Direct Payments Act (Northern Ireland) 2002.
(2) This section also applies where, in a case within section 48—
(a) immediately before the registered care provider became unable to carry on the regulated activity, some or all of the adult's needs for care and support or the carer's needs for support were being met by the carrying on of that activity by the provider, and
(b) all or part of the cost of the accommodation or other services provided by the provider to meet those needs was paid for by means of direct payments made—
(i) under section 49A(1)(a) or (c) of or Schedule A1 to the Social Services and Well-being (Wales) Act 2014,
(ii) as a result of a choice made by the adult pursuant to section 5 of the Social Care (Self-directed Support) (Scotland) Act 2013, or
(iii) by virtue of section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002.
(3) The local authority which is required to meet needs under section 48(2)—
(a) must, in meeting needs under section 48(2) which were being met by the authority which made the arrangements referred to in subsection (1), co-operate with that authority;
(b) must, in meeting needs under section 48(2) which were being met by the provision of accommodation or other services all or part of the cost of which was paid for by an authority by means of direct payments as referred to in subsection (2), co-operate with that authority;
(c) may recover from the authority referred to in paragraph (a) or (b) (as the case may be) the cost it incurs in meeting those of the adult's or carer's needs referred to in the paragraph in question;
(d) may recover from the adult or carer the cost it incurs in meeting those of the adult's or carer's needs other than those referred to in paragraph (a) or (b) (as the case may be).
(4) Any dispute between a local authority and a local authority in Wales, a local authority in Scotland or a Health and Social Care trust about the application of section 48 or of this section is to be resolved in accordance with paragraph 5 of Schedule 1.
(5) “Local authority in Wales” and “local authority in Scotland” each have the meaning given in paragraph 12 of Schedule 1.
(6) The references in paragraphs (a) and (b) of subsection (3) to an authority are references to a local authority in Wales, a local authority in Scotland or a Health and Social Care trust (as the case may be).
(1) This section applies where a person registered under Part 2 of the Care Standards Act 2000 in respect of an establishment or agency or registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 in respect of a regulated service—
(a) becomes unable to carry on or manage the establishment or agency or regulated service because of business failure, and
(b) immediately before becoming unable to do so, was providing an adult with accommodation or other services in Wales under arrangements made—
(i) by a local authority meeting an adult's needs for care and support or a carer's needs for support under this Part,
(ii) by a local authority in Scotland discharging its duty under section 12 or 13A of the Social Work (Scotland) Act 1968 or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003, or
(iii) by a Health and Social Care trust under Article 15 of the Health and Personal Social Services (Northern Ireland) Order 1972 or section 2 of the Carers and Direct Payments Act (Northern Ireland) 2002.
(2) This section also applies where a person registered under Part 2 of the Care Standards Act 2000 in respect of an establishment or agency or registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 in respect of a regulated service—
(a) becomes unable to carry on or manage the establishment or agency or regulated service because of business failure, and
(b) immediately before becoming unable to do so, was providing an adult with accommodation or other services in Wales all or part of the cost of which was paid for by means of direct payments made—
(i) under this Part of this Act,
(ii) as a result of a choice made by the adult pursuant to section 5 of the Social Care (Self-directed Support) (Scotland) Act 2013, or
(iii) by virtue of section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002.
(3) The local authority in Wales in whose area the accommodation is situated or the services were provided must for so long as it considers necessary meet those of the adult's needs for care and support or the carer's needs for support which were being met by the registered person by the provision of the accommodation or other services.
(4) A local authority in Wales which is required to meet needs under subsection (3)—
(a) must, in meeting needs under that subsection which were being met by the authority which made the arrangements referred to in subsection (1)(b), co-operate with that authority;
(b) must, in meeting needs under subsection (3) which were being met by the provision of accommodation or other services all or part of the cost of which was paid for by an authority by means of direct payments as referred to in subsection (2)(b), co-operate with that authority;
(c) may recover from the authority referred to in paragraph (a) or (b) (as the case may be) the cost it incurs in meeting those of the adult's or carer's needs referred to in the paragraph in question.
(5) Any dispute about the application of this section is to be resolved in accordance with paragraph 5 of Schedule 1.
(6) “Local authority in Wales” and “local authority in Scotland” each have the meaning given in paragraph 12 of Schedule 1.
(7) The references in paragraphs (a) and (b) of subsection (4) to an authority are references to a local authority, a local authority in Scotland or a Health and Social Care trust (as the case may be).
(8) In this section “regulated service” has the meaning given by section 2 of the Regulation and Inspection of Social Care (Wales) Act 2016.
51 Temporary duty on Health and Social Care trust in Northern Ireland
(1) This section applies where a person registered under Part 3 of the Health and Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 in respect of an establishment or agency—
(a) becomes unable to carry on or manage the establishment or agency because of business failure, and
(b) immediately before becoming unable to do so, was providing an adult with accommodation or other services in Northern Ireland under arrangements made—
(i) by a local authority meeting an adult's needs for care and support or a carer's needs for support under this Part,
(ii) by a local authority in Wales discharging its duty under section 35 or 40, or exercising its power under section 36 or 45, of the Social Services and Well-being (Wales) Act 2014, or
(iii) by a local authority in Scotland discharging its duty under section 12 or 13A of the Social Work (Scotland) Act 1968 or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003.
(2) This section also applies where a person registered under Part 3 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 in respect of an establishment or agency—
(a) becomes unable to carry on or manage the establishment or agency because of business failure, and
(b) immediately before becoming unable to do so, was providing an adult with accommodation or other services in Northern Ireland, all or part of the cost of which was paid for by means of direct payments made—
(i) under this Part of this Act,
(ii) under section 49A(1)(a) or (c) of or Schedule A1 to the Social Services and Well-being (Wales) Act 2014, or
(iii) as a result of a choice made by the adult pursuant to section 5 of the Social Care (Self-directed Support) (Scotland) Act 2013.
(3) The Health and Social Care trust in whose area the accommodation is situated or the services were provided must for so long as it considers necessary meet those of the adult's needs for care and support or the carer's needs for support which were being met by the registered person by the provision of the accommodation or other services.
(4) A Health and Social Care trust which is required to meet needs under subsection (3)—
(a) must, in meeting needs under that subsection which were being met by the authority which made the arrangements referred to in subsection (1)(b), co-operate with that authority;
(b) must, in meeting needs under subsection (3) which were being met by the provision of accommodation or other services all or part of the cost of which was paid for by an authority by means of direct payments as referred to in subsection (2)(b), co-operate with that authority;
(c) may recover from the authority referred to in paragraph (a) or (b) (as the case may be) the cost it incurs in meeting those of the adult's or carer's needs referred to in the paragraph in question.
(5) Any dispute about the application of this section is to be resolved in accordance with paragraph 5 of Schedule 1.
(6) “Local authority in Wales” and “local authority in Scotland” each have the meaning given in paragraph 12 of Schedule 1.
(7) The references in paragraphs (a) and (b) of subsection (4) to an authority are references to a local authority, a local authority in Wales or a local authority in Scotland (as the case may be).
(1) An authority becomes subject to the duty under section 48(2), 50(3) or 51(3) as soon as it becomes aware of the business failure.
(2) Section 8 (how to meet needs) applies to meeting needs under section 48(2) as it applies to meeting needs under section 18.
(3) Section 34 of the Social Services and Well-being (Wales) Act 2014 (how to meet needs) applies to meeting needs under section 50(3) as it applies to meeting needs under section 35 of that Act.
(4) In deciding how to meet an adult's needs for care and support under section 48(2), 50(3) or 51(3), an authority must involve—
(a) the adult,
(b) any carer that the adult has, and
(c) any person whom the adult asks the authority to involve or, where the adult lacks capacity to ask the authority to do that, any person who appears to the authority to be interested in the adult's welfare.
(5) In deciding how to meet a carer's needs for support under section 48(2), 50(3) or 51(3), an authority must involve—
(a) the carer, and
(b) any person whom the carer asks the authority to involve.
(6) In carrying out the duty under subsection (4)(a) or (5)(a), an authority must take all reasonable steps to reach agreement with the adult or carer about how it should meet the needs in question.
(7) Sections 21 to 23 (exceptions to duty to meet needs) apply to meeting needs under section 48(2) as they apply to meeting needs under section 18.
(8) Sections 46 to 49 of the Social Services and Well-being (Wales) Act 2014 (exceptions to, and restrictions on, duty to meet needs) apply to meeting needs under section 50(3) as they apply to meeting needs under section 35 of that Act.
(9) Where an adult whose case comes within section 48 is being provided with NHS continuing healthcare under arrangements made by an integrated care board no part of whose area is in the local authority's area, the board is to be treated as a relevant partner of the authority for the purposes of sections 6 and 7.
(10) “NHS continuing healthcare” is to be construed in accordance with standing rules under section 6E of the National Health Service Act 2006.
(11) Where a local authority considers it necessary to do so for the purpose of carrying out its duty under section 48(2), it may request the registered care provider, or such other person involved in the provider's business as it considers appropriate, to provide it with specified information.
(12) Regulations must make provision as to the interpretation for the purposes of sections 48, 50 and 51 and this section of references to business failure or to being unable to do something because of business failure; and the regulations may, in particular, specify circumstances in which a person is to be treated as unable to do something because of business failure.
(13) Pending the commencement of Part 4 of the Social Services and Well-being (Wales) Act 2014—
(a) a reference in section 49 or 51 to making arrangements to meet needs under section 35 or 36 of that Act is to be read as a reference to making arrangements or providing services under—
(i) Part 3 of the National Assistance Act 1948,
(ii) section 45 of the Health Services and Public Health Act 1968,
(iii) section 117 of the Mental Health Act 1983, or
(iv) Schedule 15 to the National Health Service (Wales) Act 2006;
(b) a reference in section 49 or 51 to making arrangements to meet needs under section 40 or 45 of that Act is to be read as a reference to providing services as referred to in section 2 of the Carers and Disabled Children Act 2000;
(c) a reference in section 49 or 51 to making direct payments under section 50 or 52 of that Act is to be read as a reference to making direct payments by virtue of section 57 of the Health and Social Care Act 2001;
(d) subsection (8) is to be read as if there were substituted for it—
(8) Sections 21(1A) and (8) and 29(6) of the National Assistance Act 1948 apply to meeting needs under section 50(3) as they apply to the exercise of functions under sections 21 and 29 of that Act by a local authority in Wales (within the meaning given in paragraph 12 of Schedule 1).
(14) Pending the commencement of section 5 of the Social Care (Self-directed Support) (Scotland) Act 2013—
(a) sections 49(2)(b)(ii) and 50(2)(b)(ii) are to be read as if there were substituted for each of them—
(ii) under section 12B of the Social Work (Scotland) Act 1968,
, and
(b) section 51(2)(b)(iii) is to be read as if there were substituted for it—
(iii) under section 12B of the Social Work (Scotland) Act 1968.
.
53 Specifying criteria for application of market oversight regime
(1) Regulations must specify criteria for determining whether (subject to regulations under subsection (4)) section 55 (financial sustainability assessment) applies to a registered care provider who is registered in respect of the carrying on of a regulated activity relating to the provision of social care for adults.
(2) In specifying the criteria, the Secretary of State must have regard to the following in particular—
(a) the amount of social care provided by a registered care provider,
(b) the geographical concentration of a registered care provider's business,
(c) the extent to which a registered care provider specialises in the provision of particular types of care.
(3) The Secretary of State must—
(a) at such times as the Secretary of State considers appropriate, review the criteria for the time being specified in the regulations, and
(b) publish information about how the matters mentioned in subsection (2), and any other matters to which the Secretary of State has regard in specifying the criteria, are to be measured.
(4) Regulations may provide that section 55 does not apply, or applies only to the extent specified, to a specified registered care provider or to a registered care provider of a specified description, regardless of whether that provider or a provider of that description would satisfy the criteria.
(5) Regulations may provide that section 55 applies, or applies to the extent specified, to a specified registered care provider or to a registered care provider of a specified description, regardless of whether that provider or a provider of that description would satisfy the criteria.
(6) The circumstances in which regulations may be made under subsection (4) include those in which the Secretary of State is satisfied that certain registered care providers are already subject to a regulatory regime comparable to that provided for by sections 55 and 56; and regulations made in such circumstances may, for example, make provision requiring specified persons to co-operate or to share information of a specified description.
(7) “Social care” has the same meaning as in Part 1 of the Health and Social Care Act 2008.
54 Determining whether criteria apply to care provider
(1) The Care Quality Commission must determine, in the case of each registered care provider, whether the provider satisfies one or more of the criteria specified in regulations under section 53.
(2) If the Commission determines that the provider satisfies one or more of the criteria, section 55 applies to that provider unless, or except in so far as, regulations under section 53(4) provide that it does not apply.
(3) Where section 55 applies to a registered care provider (whether as a result of subsection (2) or as a result of regulations under section 53(5)), the Commission must inform the provider accordingly.
55 Assessment of financial sustainability of care provider
(1) Where this section applies to a registered care provider, the Care Quality Commission must assess the financial sustainability of the provider's business of carrying on the regulated activity in respect of which it is registered.
(2) Where the Commission, in light of an assessment under subsection (1), considers that there is a significant risk to the financial sustainability of the provider's business, it may—
(a) require the provider to develop a plan for how to mitigate or eliminate the risk;
(b) arrange for, or require the provider to arrange for, a person with appropriate professional expertise to carry out an independent review of the business.
(3) Where the Commission imposes a requirement on a care provider under subsection (2)(a), it may also require the provider—
(a) to co-operate with it in developing the plan, and
(b) to obtain its approval of the finalised plan.
(4) Where the Commission arranges for a review under subsection (2)(b), it may recover from the provider such costs as the Commission incurs in connection with the arrangements (other than its administrative costs in making the arrangements).
(5) Regulations may make provision for enabling the Commission to obtain from such persons as it considers appropriate information which the Commission believes will assist it to assess the financial sustainability of a registered care provider to which this section applies.
(6) Regulations may make provision about the making of the assessment required by subsection (1).
(7) The Commission may consult such persons as it considers appropriate on the method for assessing the financial sustainability of a registered care provider's business; and, having done so, it must publish guidance on the method it expects to apply in making the assessment.
56 Informing local authorities where failure of care provider likely
(1) This section applies where the Care Quality Commission is satisfied that a registered care provider to which section 55 applies is likely to become unable to carry on the regulated activity in respect of which it is registered because of business failure as mentioned in section 48.
(2) The Commission must inform the local authorities which it thinks will be required to carry out the duty under section 48(2) if the provider becomes unable to carry on the regulated activity in question.
(3) Where the Commission considers it necessary to do so for the purpose of assisting a local authority to carry out the duty under section 48(2), it may request the provider, or such other person involved in the provider's business as the Commission considers appropriate, to provide it with specified information.
(4) Where (as a result of subsection (3) or otherwise) the Commission has information about the provider's business that it considers may assist a local authority in carrying out the duty under section 48(2), the Commission must give the information to the local authority.
(5) Regulations may make provision as to the circumstances in which the Commission is entitled to be satisfied for the purposes of subsection (1) that a registered care provider is likely to become unable to carry on a regulated activity.
(6) The Commission may consult such persons as it considers appropriate on the methods to apply in assessing likelihood for the purposes of subsection (1); and, having carried out that consultation, it must publish guidance on the methods it expects to apply in making the assessment.
56A Provision of information to the Secretary of State
(1) The Care Quality Commission may provide market oversight information to the Secretary of State for use in connection with the Secretary of State’s functions under sections 30ZE to 30ZJ of the Care Standards Act 2000.
(2) “Market oversight information” means information held by the Commission in connection with its functions under sections 54 to 56.
(3) A disclosure of information authorised by subsection (1) does not breach—
(a) any obligation of confidence owed by the person making the disclosure, or
(b) any other restriction on the disclosure of information (however imposed).
(1) For the purposes of Part 1 of the Health and Social Care Act 2008, the duties imposed on the Care Quality Commission under sections 54(1) and 55(1) are to be treated as regulatory functions of the Commission.
(2) For the purposes of that Part of that Act, the doing by the Commission of anything for the purpose of assisting a local authority to carry out the duty under section 48(2) is to be treated as one of the Commission's regulatory functions.
(3) For the purposes of sections 17 and 18 of that Act (cancellation or suspension of registration under Part 1 of that Act), a requirement imposed on a registered care provider under or by virtue of any of sections 54 to 56 (or by virtue of subsection (1) or (2)) is to be treated as a requirement imposed by or under Chapter 6 of Part 1 of that Act.
(4) The Commission must, in exercising any of its functions under sections 54 to 56, have regard to the need to minimise the burdens it imposes on others.
58 Assessment of a child's needs for care and support
(1) Where it appears to a local authority that a child is likely to have needs for care and support after becoming 18, the authority must, if it is satisfied that it would be of significant benefit to the child to do so and if the consent condition is met, assess—
(a) whether the child has needs for care and support and, if so, what those needs are, and
(b) whether the child is likely to have needs for care and support after becoming 18 and, if so, what those needs are likely to be.
(2) An assessment under subsection (1) is referred to in this Part as a “child's needs assessment”.
(3) The consent condition is met if—
(a) the child has capacity or is competent to consent to a child's needs assessment being carried out and the child does so consent, or
(b) the child lacks capacity or is not competent so to consent but the authority is satisfied that carrying out a child's needs assessment would be in the child's best interests.
(4) Where a child refuses a child's needs assessment and the consent condition is accordingly not met, the local authority must nonetheless carry out the assessment if the child is experiencing, or is at risk of, abuse or neglect.
(5) Where a local authority, having received a request to carry out a child's assessment from the child concerned or a parent or carer of the child, decides not to comply with the request, it must give the person who made the request—
(a) written reasons for its decision, and
(b) information and advice about what can be done to prevent or delay the development by the child of needs for care and support in the future.
(6) “Parent”, in relation to a child, includes—
(a) a parent of the child who does not have parental responsibility for the child, and
(b) a person who is not a parent of the child but who has parental responsibility for the child.
(7) “Carer”, in relation to a child, means a person, other than a parent, who is providing care for the child, whether or not under or by virtue of a contract or as voluntary work.
(8) The reference to providing care includes a reference to providing practical or emotional support.
(1) A child's needs assessment must include an assessment of—
(a) the impact on the matters specified in section 1(2) of what the child's needs for care and support are likely to be after the child becomes 18,
(b) the outcomes that the child wishes to achieve in day-to-day life, and
(c) whether, and if so to what extent, the provision of care and support could contribute to the achievement of those outcomes.
(2) A local authority, in carrying out a child's needs assessment, must involve—
(a) the child,
(b) the child's parents and any carer that the child has, and
(c) any person whom the child or a parent or carer of the child requests the local authority to involve.
(3) When carrying out a child's needs assessment, a local authority must also consider whether, and if so to what extent, matters other than the provision of care and support could contribute to the achievement of the outcomes that the child wishes to achieve in day-to-day life.
(4) Having carried out a child's needs assessment, a local authority must give the child—
(a) an indication as to whether any of the needs for care and support which it thinks the child is likely to have after becoming 18 are likely to meet the eligibility criteria (and, if so, which ones are likely to do so), and
(b) advice and information about—
(i) what can be done to meet or reduce the needs which it thinks the child is likely to have after becoming 18;
(ii) what can be done to prevent or delay the development by the child of needs for care and support in the future.
(5) But in a case where the child is not competent or lacks capacity to understand the things which the local authority is required to give under subsection (4), that subsection is to have effect as if for “must give the child” there were substituted “ must give the child's parents ”.
(6) Where a person to whom a child's needs assessment relates becomes 18, the local authority must decide whether to treat the assessment as a needs assessment; and if the authority decides to do so, this Part applies to the child's needs assessment as if it were a needs assessment that had been carried out after the person had become 18.
(7) In considering what to decide under subsection (6), a local authority must have regard to—
(a) when the child's needs assessment was carried out, and
(b) whether it appears to the authority that the circumstances of the person to whom the child's needs assessment relates have changed in a way that might affect the assessment.
(8) “Carer” has the same meaning as in section 58.
60 Assessment of a child's carer's needs for support
(1) Where it appears to a local authority that a carer of a child is likely to have needs for support after the child becomes 18, the authority must, if it is satisfied that it would be of significant benefit to the carer to do so, assess—
(a) whether the carer has needs for support and, if so, what those needs are, and
(b) whether the carer is likely to have needs for support after the child becomes 18 and, if so, what those needs are likely to be.
(2) An assessment under subsection (1) is referred to in this Part as a “child's carer's assessment”.
(3) Where a child's carer refuses a child's carer's assessment, the local authority is not required to carry out the assessment (and subsection (1) does not apply in the carer's case).
(4) Where, having refused a child's carer's assessment, a child's carer requests the assessment, subsection (1) applies in the carer's case (and subsection (3) does not).
(5) Where a child's carer has refused a child's carer's assessment and the local authority concerned thinks that the carer's needs or circumstances have changed, subsection (1) applies in the carer's case (but subject to further refusal as mentioned in subsection (3)).
(6) Where a local authority, having received a request to carry out a child's carer's assessment from the carer concerned, decides not to comply with the request, it must give the carer—
(a) written reasons for its decision, and
(b) information and advice about what can be done to prevent or delay the development by the carer of needs for support in the future.
(7) “Carer”, in relation to a child, means an adult (including one who is a parent of the child) who provides or intends to provide care for the child (but see subsection (8)).
(8) An adult is not a carer for the purposes of this section if the adult provides or intends to provide care—
(a) under or by virtue of a contract, or
(b) as voluntary work.
(9) But in a case where the local authority considers that the relationship between the child and the adult providing or intending to provide care is such that it would be appropriate for the adult to be regarded as a carer, the adult is to be regarded as such (and subsection (8) is therefore to be ignored in that case).
(10) The references to providing care include a reference to providing practical or emotional support.
(1) A child's carer's assessment must include an assessment of—
(a) whether the carer is able to provide care for the child and is likely to continue to be able to do so after the child becomes 18,
(b) whether the carer is willing to do so and is likely to continue to be willing to do so after the child becomes 18,
(c) the impact on the matters specified in section 1(2) of what the carer's needs for support are likely to be after the child becomes 18,
(d) the outcomes that the carer wishes to achieve in day-to-day life, and
(e) whether, and if so to what extent, the provision of support could contribute to the achievement of those outcomes.
(2) A local authority, in carrying out a child's carer's assessment, must have regard to—
(a) whether the carer works or wishes to do so, and
(b) whether the carer is participating in or wishes to participate in education, training or recreation.
(3) A local authority, in carrying out a child's carer's assessment, must involve—
(a) the carer, and
(b) any person whom the carer asks the local authority to involve.
(4) When carrying out a child's carer's assessment, a local authority must also consider whether, and if so to what extent, matters other than the provision of support could contribute to the achievement of the outcomes that the carer wishes to achieve in day-to-day life.
(5) Having carried out a child's carer's assessment, a local authority must give the carer—
(a) an indication as to whether any of the needs for support which it thinks the carer is likely to have after the child becomes 18 are likely to meet the eligibility criteria (and, if so, which ones are likely to do so), and
(b) advice and information about—
(i) what can be done to meet or reduce the needs which it thinks the carer is likely to have after the child becomes 18;
(ii) what can be done to prevent or delay the development by the carer of needs for support in the future.
(6) Where, in the case of a carer to whom a child's carer's assessment relates, the child becomes 18, the local authority must decide whether to treat the assessment as a carer's assessment; and if the authority decides to do so, this Part applies to the child's carer's assessment as if it were a carer's assessment that had been carried out after the child had become 18.
(7) In considering what to decide under subsection (6), a local authority must have regard to—
(a) when the child's carer's assessment was carried out, and
(b) whether it appears to the authority that the circumstances of the carer to whom the child's carer's assessment relates have changed in a way that might affect the assessment.
(8) “Carer” has the same meaning as in section 60.
62 Power to meet child's carer's needs for support
(1) Where a local authority, having carried out a child's carer's assessment, is satisfied that the carer has needs for support, it may meet such of those needs as it considers appropriate.
(2) Regulations may make provision in connection with the exercise of the power under subsection (1); the regulations may, in particular, provide for provisions of this Part to apply with such modifications as may be specified.
(3) In deciding whether or how to exercise the power under subsection (1), a local authority must have regard to any services being provided to the carer under—
(a) section 17 of the Children Act 1989, or
(b) sections 37 to 39 of the Social Services and Well-being (Wales) Act 2014.
(4) “Carer” has the same meaning as in section 60.
63 Assessment of a young carer's needs for support
(1) Where it appears to a local authority that a young carer is likely to have needs for support after becoming 18, the authority must, if it is satisfied that it would be of significant benefit to the young carer to do so and if the consent condition is met, assess—
(a) whether the young carer has needs for support and, if so, what those needs are, and
(b) whether the young carer is likely to have needs for support after becoming 18 and, if so, what those needs are likely to be.
(2) An assessment under subsection (1) is referred to in this Part as a “young carer's assessment”.
(3) The consent condition is met if—
(a) the young carer has capacity or is competent to consent to a young carer's assessment being carried out and the young carer does so consent, or
(b) the young carer lacks capacity or is not competent so to consent but the authority is satisfied that carrying out a young carer's assessment would be in the young carer's best interests.
(4) Where a young carer refuses a young carer's assessment and the consent condition is accordingly not met, the local authority must nonetheless carry out the assessment if the young carer is experiencing, or is at risk of, abuse or neglect.
(5) Where a local authority, having received a request to carry out a young carer's assessment from the young carer concerned or a parent of the young carer, decides not to comply with the request, it must give the person who made the request—
(a) written reasons for its decision, and
(b) advice and information about what can be done to prevent or delay the development by the young carer of needs for support in the future.
(6) “Young carer” means a person under 18 who provides or intends to provide care for an adult (but see subsection (7)).
(7) A person is not a young carer for the purposes of this section if the person provides or intends to provide care—
(a) under or by virtue of a contract, or
(b) as voluntary work.
(8) But in a case where the local authority considers that the relationship between the adult and the person under 18 providing or intending to provide care is such that it would be appropriate for the person under 18 to be regarded as a young carer, that person is to be regarded as such (and subsection (7) is therefore to be ignored in that case).
(9) The references to providing care include a reference to providing practical or emotional support.
(1) A young carer's assessment must include an assessment of—
(a) whether the young carer is able to provide care for the person in question and is likely to continue to be able to do so after becoming 18,
(b) whether the young carer is willing to do so and is likely to continue to be willing to do so after becoming 18,
(c) the impact on the matters specified in section 1(2) of what the young carer's needs for support are likely to be after the young carer becomes 18,
(d) the outcomes that the young carer wishes to achieve in day-to-day life, and
(e) whether, and if so to what extent, the provision of support could contribute to the achievement of those outcomes.
(2) A local authority, in carrying out a young carer's assessment, must have regard to—
(a) the extent to which the young carer works or wishes to work (or is likely to wish to do so after becoming 18),
(b) the extent to which the young carer is participating in or wishes to participate in education, training or recreation (or is likely to wish to do so after becoming 18).
(3) A local authority, in carrying out a young carer's assessment, must involve—
(a) the young carer,
(b) the young carer's parents, and
(c) any person whom the young carer or a parent of the young carer requests the authority to involve.
(4) When carrying out a young carer's assessment, a local authority must also consider whether, and if so to what extent, matters other than the provision of support could contribute to the achievement of the outcomes that the young carer wishes to achieve in day-to-day life.
(5) Having carried out a young carer's assessment, a local authority must give the young carer—
(a) an indication as to whether any of the needs for support which it thinks the young carer is likely to have after becoming 18 are likely to meet the eligibility criteria (and, if so, which ones are likely to do so), and
(b) advice and information about—
(i) what can be done to meet or reduce the needs for support which it thinks the young carer is likely to have after becoming 18;
(ii) what can be done to prevent or delay the development by the young carer of needs for support in the future.
(6) But in a case where the young carer is not competent or lacks capacity to understand the things which the local authority is required to give under subsection (5), that subsection is to have effect as if for “must give the young carer” there were substituted “ must give the young carer's parents ”.
(7) Where a person to whom a young carer's assessment relates becomes 18, the local authority must decide whether to treat the assessment as a carer's assessment; and if the authority decides to do so, this Part applies to the young carer's assessment as if it were a carer's assessment that had been carried out after the person had become 18.
(8) In considering what to decide under subsection (7), a local authority must have regard to—
(a) when the young carer's assessment was carried out, and
(b) whether it appears to the authority that the circumstances of the person to whom the young carer's assessment relates have changed in a way that might affect the assessment.
65 Assessments under sections 58 to 64: further provision
(1) Regulations under section 12—
(a) may make such provision about carrying out a child's needs assessment as they may make about carrying out a needs assessment;
(b) may make such provision about carrying out a child's carer's assessment or a young carer's assessment as they may make about carrying out a carer's assessment.
(2) A local authority may combine a child's needs assessment or young carer's assessment with an assessment it is carrying out (whether or not under this Part) in relation to another person only if the consent condition is met in relation to the child to whom the child's needs or young carer's assessment relates and—
(a) where the combination would include an assessment relating to another child, the consent condition is met in relation to that other child;
(b) where the combination would include an assessment relating to an adult, the adult agrees.
(3) A local authority may combine a child's carer's assessment with an assessment it is carrying out (whether or not under this Part) in relation to another person only if the adult to whom the child's carer's assessment relates agrees and—
(a) where the combination would include an assessment relating to another adult, that other adult agrees, and
(b) where the combination would include an assessment relating to a child, the consent condition is met in relation to that child.
(4) The consent condition is met in relation to a child if—
(a) the child has capacity or is competent to agree to the assessments being combined and does so agree, or
(b) the child lacks capacity or is not competent so to agree but the local authority is satisfied that combining the assessments would be in the child's best interests.
(5) Where a local authority is carrying out a child's needs assessment, a child's carer's assessment or a young carer's assessment, and there is some other assessment being or about to be carried out in relation to the person to whom the assessment relates or in relation to a relevant person, the local authority may carry out that other assessment—
(a) on behalf of or jointly with the body responsible for carrying it out, or
(b) if that body has arranged to carry out the other assessment jointly with another person, jointly with that body and the other person.
(6) A reference to an assessment includes a reference to part of an assessment.
(7) A person is a “relevant person”, in relation to a child's needs, child's carer's or young carer's assessment, if it would be reasonable to combine an assessment relating to that person with the child's needs, child's carer's or young carer's assessment (as mentioned in subsections (2) and (3)).
(1) Before section 17A of the Children Act 1989 insert—
Section 17 services: transition for children to adult care and support
17ZH (1) Subsections (2) to (4) apply where a local authority in England providing services for a child in need in the exercise of functions conferred by section 17—
(a) are required by section 58(1) or 63(1) of the Care Act 2014 to carry out a child's needs assessment or young carer's assessment in relation to the child, or
(b) are required by section 60(1) of that Act to carry out a child's carer's assessment in relation to a carer of the child.
(2) If the local authority carry out the assessment before the child reaches the age of 18 and decide to treat it as a needs or carer's assessment in accordance with section 59(6), 61(6) or 64(7) of the Care Act 2014 (with Part 1 of that Act applying to the assessment as a result), the authority must continue to comply with section 17 after the child reaches the age of 18 until they reach a conclusion in his case.
(3) If the local authority carry out the assessment before the child reaches the age of 18 but decide not to treat it as a needs or carer's assessment in accordance with section 59(6), 61(6) or 64(7) of the Care Act 2014—
(a) they must carry out a needs or carer's assessment (as the case may be) after the child reaches the age of 18, and
(b) they must continue to comply with section 17 after he reaches that age until they reach a conclusion in his case.
(4) If the local authority do not carry out the assessment before the child reaches the age of 18, they must continue to comply with section 17 after he reaches that age until—
(a) they decide that the duty under section 9 or 10 of the Care Act 2014 (needs or carer's assessment) does not apply, or
(b) having decided that the duty applies and having discharged it, they reach a conclusion in his case.
(5) Subsection (6) applies where a local authority in England providing services for a child in need in the exercise of functions conferred by section 17—
(a) receive a request for a child's needs assessment or young carer's assessment to be carried out in relation to the child or for a child's carer's assessment to be carried out in relation to a carer of the child, but
(b) have yet to be required by section 58(1), 60(1) or 63(1) of the Care Act 2014 to carry out the assessment.
(6) If the local authority do not decide, before the child reaches the age of 18, whether or not to comply with the request, they must continue to comply with section 17 after he reaches that age until—
(a) they decide that the duty under section 9 or 10 of the Care Act 2014 does not apply, or
(b) having decided that the duty applies and having discharged it, they reach a conclusion in his case.
(7) A local authority reach a conclusion in a person's case when—
(a) they conclude that he does not have needs for care and support or for support (as the case may be), or
(b) having concluded that he has such needs and that they are going to meet some or all of them, they begin to do so, or
(c) having concluded that he has such needs, they conclude that they are not going to meet any of those needs (whether because those needs do not meet the eligibility criteria or for some other reason).
(8) In this section, “child's needs assessment”, “child's carer's assessment”, “young carer's assessment”, “needs assessment”, “carer's assessment” and “eligibility criteria” each have the same meaning as in Part 1 of the Care Act 2014.
Section 17 services: provision after EHC plan no longer maintained
17ZI (1) This section applies where a local authority in England providing services for a person in the exercise, by virtue of section 17ZG, of functions conferred by section 17 are required to carry out a needs assessment in that person's case.
(2) If the EHC plan for the person ceases to be maintained before the local authority reach a conclusion in the person's case, they must continue to comply with section 17 until they do reach a conclusion in his case.
(3) The references to the local authority reaching a conclusion in a person's case are to be read with section 17ZH(7).
(4) In this section, “needs assessment” has the same meaning as in Part 1 of the Care Act 2014.
(2) In section 17ZG of that Act (continued provision of services under section 17 where EHC plan maintained), in subsection (2), after “after the EHC plan has ceased to be maintained” insert “ , except in so far as the authority is required to do so under section 17ZH or 17ZI ”.
(3) After section 2 of the Chronically Sick and Disabled Persons Act 1970 insert—
Welfare services: transition for children to adult care and support
2A (1) Subsections (2) to (4) apply where a local authority in England making arrangements for a disabled child under section 2 are required by section 58(1) of the Care Act 2014 to carry out a child's needs assessment in relation to the child.
(2) If the local authority carry out the assessment before the child reaches the age of 18 and decide to treat it as a needs assessment in accordance with section 59(6) of the Care Act 2014 (with Part 1 of that Act applying to the assessment as a result), the authority must continue to comply with section 2 after the child reaches the age of 18 until they reach a conclusion in his case.
(3) If the local authority carry out the assessment before the child reaches the age of 18 but decide not to treat it as a needs assessment in accordance with section 59(6) of that Act—
(a) they must carry out a needs assessment after the child reaches the age of 18, and
(b) they must continue to comply with section 2 after he reaches that age until they reach a conclusion in his case.
(4) If the local authority do not carry out the assessment before the child reaches the age of 18, they must continue to comply with section 2 after he reaches that age until—
(a) they decide that the duty under section 9 of the Care Act 2014 (needs assessment) does not apply, or
(b) having decided that the duty applies and having discharged it, they reach a conclusion in his case.
(5) Subsection (6) applies where a local authority in England making arrangements for a disabled child under section 2—
(a) receive a request for a child's needs assessment to be carried out in relation to the child, but
(b) have yet to be required by section 58(1) of the Care Act 2014 to carry out the assessment.
(6) If the local authority do not decide, before the child reaches the age of 18, whether or not to comply with the request, they must continue to comply with section 2 after he reaches that age until—
(a) they decide that the duty under section 9 of the Care Act 2014 does not apply, or
(b) having decided that the duty applies and having discharged it, they reach a conclusion in his case.
(7) A local authority reach a conclusion in a person's case when—
(a) they conclude that he does not have needs for care and support,
(b) having concluded that he has such needs and that they are going to meet some or all of them, they begin to do so, or
(c) having concluded that he has such needs, they conclude that they are not going to meet any of those needs (whether because those needs do not meet the eligibility criteria or for some other reason).
(8) In this section, “child's needs assessment”, “needs assessment” and “eligibility criteria” each have the same meaning as in Part 1 of the Care Act 2014.
(1) This section applies where a local authority is required by a relevant provision to involve an individual in its exercise of a function.
(2) The authority must, if the condition in subsection (4) is met, arrange for a person who is independent of the authority (an “independent advocate”) to be available to represent and support the individual for the purpose of facilitating the individual's involvement; but see subsection (5).
(3) The relevant provisions are—
(a) section 9(5)(a) and (b) (carrying out needs assessment);
(b) section 10(7)(a) (carrying out carer's assessment);
(c) section 25(3)(a) and (b) (preparing care and support plan);
(d) section 25(4)(a) and (b) (preparing support plan);
(e) section 27(2)(b)(i) and (ii) (revising care and support plan);
(f) section 27(3)(b)(i) and (ii) (revising support plan);
(g) section 59(2)(a) and (b) (carrying out child's needs assessment);
(h) section 61(3)(a) (carrying out child's carer's assessment);
(i) section 64(3)(a) and (b) (carrying out young carer's assessment).
(4) The condition is that the local authority considers that, were an independent advocate not to be available, the individual would experience substantial difficulty in doing one or more of the following—
(a) understanding relevant information;
(b) retaining that information;
(c) using or weighing that information as part of the process of being involved;
(d) communicating the individual's views, wishes or feelings (whether by talking, using sign language or any other means).
(5) The duty under subsection (2) does not apply if the local authority is satisfied that there is a person—
(a) who would be an appropriate person to represent and support the individual for the purpose of facilitating the individual's involvement, and
(b) who is not engaged in providing care or treatment for the individual in a professional capacity or for remuneration.
(6) For the purposes of subsection (5), a person is not to be regarded as an appropriate person unless—
(a) where the individual has capacity or is competent to consent to being represented and supported by that person, the individual does so consent, or
(b) where the individual lacks capacity or is not competent so to consent, the local authority is satisfied that being represented and supported by that person would be in the individual's best interests.
(7) Regulations may make provision in connection with the making of arrangements under subsection (2); the regulations may in particular—
(a) specify requirements that must be met for a person to be independent for the purposes of subsection (2);
(b) specify matters to which a local authority must have regard in deciding whether an individual would experience substantial difficulty of the kind mentioned in subsection (4);
(c) specify circumstances in which the exception in subsection (5) does not apply;
(d) make provision as to the manner in which independent advocates are to perform their functions;
(e) specify circumstances in which, if an assessment under this Part is combined with an assessment under this Part that relates to another person, each person may or must be represented and supported by the same independent advocate or by different independent advocates;
(f) provide that an independent advocate may, in such circumstances or subject to such conditions as may be specified, examine and take copies of relevant records relating to the individual.
(8) This section does not restrict the provision that may be made under any other provision of this Act.
(9) “Relevant record” means—
(a) a health record (within the meaning given in section 205 of the Data Protection Act 2018),
(b) a record of, or held by, a local authority and compiled in connection with a function under this Part or a social services function (within the meaning given in section 1A of the Local Authority Social Services Act 1970),
(c) a record held by a person registered under Part 2 of the Care Standards Act 2000 , Chapter 2 of Part 1 of the Health and Social Care Act 2008 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, or
(d) a record of such other description as may be specified in the regulations.
(1) This section applies where there is to be—
(a) an enquiry under section 42(2),
(b) a review under section 44(1) of a case in which condition 2 in section 44(3) is met or a review under section 44(4).
(2) The relevant local authority must, if the condition in subsection (3) is met, arrange for a person who is independent of the authority (an “independent advocate”) to be available to represent and support the adult to whose case the enquiry or review relates for the purpose of facilitating his or her involvement in the enquiry or review; but see subsections (4) and (6).
(3) The condition is that the local authority considers that, were an independent advocate not to be available, the individual would experience substantial difficulty in doing one or more of the following—
(a) understanding relevant information;
(b) retaining that information;
(c) using or weighing that information as part of the process of being involved;
(d) communicating the individual's views, wishes or feelings (whether by talking, using sign language or any other means).
(4) The duty under subsection (2) does not apply if the local authority is satisfied that there is a person—
(a) who would be an appropriate person to represent and support the adult for the purpose of facilitating the adult's involvement, and
(b) who is not engaged in providing care or treatment for the adult in a professional capacity or for remuneration.
(5) For the purposes of subsection (4), a person is not to be regarded as an appropriate person unless—
(a) where the adult has capacity to consent to being represented and supported by that person, the adult does so consent, or
(b) where the adult lacks capacity so to consent, the local authority is satisfied that being represented and supported by that person would be in the adult's best interests.
(6) If the enquiry or review needs to begin as a matter of urgency, it may do so even if the authority has not yet been able to comply with the duty under subsection (2) (and the authority continues to be subject to the duty).
(7) “Relevant local authority” means—
(a) in a case within subsection (1)(a), the authority making the enquiry or causing it to be made;
(b) in a case within subsection (1)(b), the authority which established the SAB arranging the review.
(1) Any sum due to a local authority under this Part is recoverable by the authority as a debt due to it.
(2) But subsection (1) does not apply in a case where a deferred payment agreement could, in accordance with regulations under section 34(1), be entered into, unless—
(a) the local authority has sought to enter into such an agreement with the adult from whom the sum is due, and
(b) the adult has refused.
(3) A sum is recoverable under this section—
(a) in a case in which the sum becomes due to the local authority on or after the commencement of this section, within six years of the date the sum becomes due;
(b) in any other case, within three years of the date on which it becomes due.
(4) Where a person misrepresents or fails to disclose (whether fraudulently or otherwise) to a local authority any material fact in connection with the provisions of this Part, the following sums are due to the authority from the person—
(a) any expenditure incurred by the authority as a result of the misrepresentation or failure, and
(b) any sum recoverable under this section which the authority has not recovered as a result of the misrepresentation or failure.
(5) The costs incurred by a local authority in recovering or seeking to recover a sum due to it under this Part are recoverable by the authority as a debt due to it.
(6) Regulations may—
(a) make provision for determining the date on which a sum becomes due to a local authority for the purposes of this section;
(b) specify cases or circumstances in which a sum due to a local authority under this Part is not recoverable by it under this section;
(c) specify cases or circumstances in which a local authority may charge interest on a sum due to it under this Part;
(d) where interest is chargeable, provide that it—
(i) must be charged at a rate specified in or determined in accordance with the regulations, or
(ii) may not be charged at a rate that exceeds the rate specified in or determined in accordance with the regulations.
(1) This section applies in a case where an adult's needs have been or are being met by a local authority under sections 18 to 20 and where—
(a) the adult has transferred an asset to another person (a “transferee”),
(b) the transfer was undertaken with the intention of avoiding charges for having the adult's needs met, and
(c) either the consideration for the transfer was less than the value of the asset or there was no consideration for the transfer.
(2) The transferee is liable to pay to the local authority an amount equal to the difference between—
(a) the amount the authority would have charged the adult were it not for the transfer of the asset, and
(b) the amount it did in fact charge the adult.
(3) But the transferee is not liable to pay to the authority an amount which exceeds the benefit accruing to the transferee from the transfer.
(4) Where an asset has been transferred to more than one transferee, the liability of each transferee is in proportion to the benefit accruing to that transferee from the transfer.
(5) “Asset” means anything which may be taken into account for the purposes of a financial assessment.
(6) The value of an asset (other than cash) is the amount which would have been realised if it had been sold on the open market by a willing seller at the time of the transfer, with a deduction for—
(a) the amount of any incumbrance on the asset, and
(b) a reasonable amount in respect of the expenses of the sale.
(7) Regulations may specify cases or circumstances in which liability under subsection (2) does not arise.
(1) Where the Secretary of State is satisfied that a local authority is failing, or has failed, to discharge any of its functions under or by virtue of this Part to an acceptable standard, the Secretary of State may give to the local authority any directions that the Secretary of State considers appropriate for the purpose of addressing the failure.
(2) The directions may include provision requiring the local authority—
(a) to act in accordance with advice given by the Secretary of State or a person nominated by the Secretary of State,
(b) to collaborate with the Secretary of State or a person nominated by the Secretary of State in taking steps specified in the directions, or
(c) to provide the Secretary of State or a person nominated by the Secretary of State with information of a description specified in the directions, on request or otherwise.
(3) If the Secretary of State considers it necessary for the purpose of addressing the failure, the directions may include provision—
(a) for specified functions of the local authority to be exercised by the Secretary of State or a person nominated by the Secretary of State for a period specified in the direction or for so long as the Secretary of State considers appropriate, and
(b) requiring the local authority to comply with any instructions of the Secretary of State or the nominee in relation to the exercise of the functions.
(4) So far as is appropriate in consequence of directions given by virtue of subsection (3), a reference (however expressed) in an enactment, instrument or other document to a local authority is to be read as a reference to the person by whom the function is exercisable.
(5) If directions given by virtue of subsection (3) expire or are revoked without being replaced then, so far as is appropriate in consequence of the expiry or revocation, a reference (however expressed) in an instrument or other document to the person by whom the function was exercisable is to be read as a reference to the local authority to whom the directions were given.
(6) The Secretary of State may, for the purposes of cases in which directions are given under subsection (3)(a), make regulations disapplying or modifying an enactment which confers a function on the Secretary of State in respect of a function of a local authority.
(7) Directions under this section may require the local authority to provide financial assistance to the Secretary of State, or a person nominated by the Secretary of State, for the purpose of meeting costs incurred by the Secretary of State or the nominee as a result of the directions.
72B Default power of Secretary of State: supplementary
(1) Before giving directions under section 72A the Secretary of State must give the local authority concerned an opportunity to make representations about the proposed directions, except so far as the Secretary of State considers that it is impractical to do so for reasons of urgency.
(2) The power to give directions under section 72A includes a power to vary or revoke the directions by subsequent directions.
(3) Subsection (1) does not apply in relation to proposed directions varying previous directions if the Secretary of State does not consider the variations to be significant.
(4) Directions under section 72A must be in writing.
(5) The Secretary of State must publish—
(a) any directions given under section 72A, and
(b) the reasons for giving them.
(6) Directions under section 72A are enforceable, on the Secretary of State’s application, by a mandatory order.
73 Human Rights Act 1998: provision of regulated care or support etc a public function
(1) This section applies where—
(a) in England, a registered care provider provides care and support to an adult or support to a carer, in the course of providing—
(i) personal care in a place where the adult receiving the personal care is living when the personal care is provided, or
(ii) residential accommodation together with nursing or personal care;
(b) in Wales, a person registered under Part 2 of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 provides care and support to an adult, or support to a carer, in the course of providing—
(i) personal care in a place where the adult receiving the personal care is living when the personal care is provided, or
(ii) residential accommodation together with nursing or personal care;
(c) in Scotland, a person provides advice, guidance or assistance to an adult or support to a carer, in the course of providing a care service which is registered under section 59 of the Public Services Reform (Scotland) Act 2010 and which consists of the provision of—
(i) personal care in a place where the adult receiving the personal care is living when the personal care is provided, or
(ii) residential accommodation together with nursing or personal care;
(d) in Northern Ireland, a person registered under Part 3 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 provides advice, guidance or assistance to an adult or services to a carer, in the course of providing—
(i) personal care in a place where the adult receiving the personal care is living when the personal care is provided, or
(ii) residential accommodation together with nursing or personal care.
In this section “the care or support” means the care and support, support, advice, guidance, assistance or services provided as mentioned above, and “the provider” means the person who provides the care or support.
(2) The provider is to be taken for the purposes of section 6(3)(b) of the Human Rights Act 1998 (acts of public authorities) to be exercising a function of a public nature in providing the care or support, if the requirements of subsection (3) are met.
(3) The requirements are that—
(a) the care or support is arranged by an authority listed in column 1 of the Table below, or paid for (directly or indirectly, and in whole or in part) by such an authority, and
(b) the authority arranges or pays for the care or support under a provision listed in the corresponding entry in column 2 of the Table.
TABLE
Authority | Provisions imposing duty or conferring power to meet needs
Local authority in England | Sections 2, 18, 19, 20, 38 and 48 of this Act.
Local authority in Wales | Part 4 and section 189 of the Social Services and Well-being (Wales) Act 2014.
Section 50 of this Act.
Local authority in Scotland | Sections 12, 13A, 13B and 14 of the Social Work (Scotland) Act 1968.
Section 3 of the Social Care (Self-directed Support) (Scotland) Act 2013.
Health and Social Care trust | Article 15 of the Health and Personal Social Services (Northern Ireland) Order 1972.
Section 51 of this Act.
Authority (within the meaning of section 10 of the Carers and Direct Payments Act (Northern Ireland) 2002) | Section 2 of the Carers and Direct Payments Act (Northern Ireland) 2002.
(4) In this section—
“local authority in England” means a local authority for the purposes of this Part;
“local authority in Wales” means a local authority for the purposes of the Social Services and Well-being (Wales) Act 2014;
“local authority in Scotland” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
“nursing care”, for England, Wales and Northern Ireland, has the same meaning as in the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010, as amended from time to time;
“personal care”—
for England, Wales and Northern Ireland, has the same meaning as in the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010, as amended from time to time;
for Scotland, has the same meaning as in Part 5 of the Public Services Reform (Scotland) Act 2010, as amended from time to time.
74 Discharge of hospital patients with care and support needs
(1) Where a relevant trust is responsible for an adult hospital patient and considers that the patient is likely to require care and support following discharge from hospital, the relevant trust must, as soon as is feasible after it begins making any plans relating to the discharge, take any steps that it considers appropriate to involve—
(a) the patient, and
(b) any carer of the patient.
(2) In performing the duty under subsection (1), a relevant trust must have regard to any guidance issued by NHS England.
(3) For the purposes of this section, a relevant trust is responsible for a hospital patient if the relevant trust manages the hospital.
(4) In this section—
“adult” means a person aged 18 or over;
“carer” means an individual who provides or intends to provide care for an adult, otherwise than by virtue of a contract or as voluntary work;
“relevant trust” means—
an NHS trust established under section 25 of the National Health Service Act 2006, or
an NHS foundation trust.
(1) In section 117 of the Mental Health Act 1983 (after-care), in subsection (2), after “to provide” insert “ or arrange for the provision of ”.
(2) In subsection (2D) of that section, for the words from “as if” to the end substitute “ as if the words “provide or” were omitted. ”
(3) In subsection (3) of that section, after “means the local social services authority” insert
—
(a) if, immediately before being detained, the person concerned was ordinarily resident in England, for the area in England in which he was ordinarily resident;
(b) if, immediately before being detained, the person concerned was ordinarily resident in Wales, for the area in Wales in which he was ordinarily resident; or
(c) in any other case
.
(4) After that subsection insert—
(4) Where there is a dispute about where a person was ordinarily resident for the purposes of subsection (3) above—
(a) if the dispute is between local social services authorities in England, section 40 of the Care Act 2014 applies to the dispute as it applies to a dispute about where a person was ordinarily resident for the purposes of Part 1 of that Act;
(b) if the dispute is between local social services authorities in Wales, section 195 of the Social Services and Well-being (Wales) Act 2014 applies to the dispute as it applies to a dispute about where a person was ordinarily resident for the purposes of that Act;
(c) if the dispute is between a local social services authority in England and a local social services authority in Wales, it is to be determined by the Secretary of State or the Welsh Ministers.
(5) The Secretary of State and the Welsh Ministers shall make and publish arrangements for determining which of them is to determine a dispute under subsection (4)(c); and the arrangements may, in particular, provide for the dispute to be determined by whichever of them they agree is to do so.
(5) After subsection (5) insert—
(6) In this section, “after-care services”, in relation to a person, means services which have both of the following purposes—
(a) meeting a need arising from or related to the person's mental disorder; and
(b) reducing the risk of a deterioration of the person's mental condition (and, accordingly, reducing the risk of the person requiring admission to a hospital again for treatment for mental disorder).
(6) After section 117 of that Act insert—
After-care: preference for particular accommodation
117A (1) The Secretary of State may by regulations provide that where—
(a) the local social services authority under section 117 is, in discharging its duty under subsection (2) of that section, providing or arranging for the provision of accommodation for the person concerned;
(b) the person concerned expresses a preference for particular accommodation; and
(c) any prescribed conditions are met,
the local social services authority must provide or arrange for the provision of the person's preferred accommodation.
(2) Regulations under this section may provide for the person concerned, or a person of a prescribed description, to pay for some or all of the additional cost in prescribed cases.
(3) In subsection (2), “additional cost” means the cost of providing or arranging for the provision of the person's preferred accommodation less the amount that the local social services authority would expect to be the usual cost of providing or arranging for the provision of accommodation of that kind.
(4) The power to make regulations under this section—
(a) is exercisable only in relation to local social services authorities in England;
(b) includes power to make different provision for different cases or areas.
(7) The ways in which a local authority may discharge its duty under section 117 of the Mental Health Act 1983 include by making direct payments; and for that purpose Part 1 of Schedule 4 (which includes modifications of the provisions of this Part relating to direct payments) has effect.
(8) In section 53 of the Social Services and Well-being (Wales) Act 2014 (direct payments: further provision), at the end insert—
(11) The ways in which a local authority may discharge its duty under section 117 of the Mental Health Act 1983 include by making direct payments; and for that purpose Schedule A1 (which includes modifications of sections 50 and 51 and this section) has effect.
(9) Before Schedule 1 to that Act insert the Schedule A1 contained in Part 2 of Schedule 4 to this Act.
(10) In section 194 of that Act (ordinary residence), after subsection (4) insert—
(4A) A person who is being provided with accommodation under section 117 of the Mental Health Act 1983 (after-care) is to be treated for the purposes of this Act as ordinarily resident in the area of the local authority, or the local authority in England, on which the duty to provide that person with services under that section is imposed.
(11) In consequence of subsections (7) to (9), in subsection (2C) of section 117 of the Mental Health Act 1983—
(a) in paragraph (a), for “regulations under section 57 of the Health and Social Care Act 2001 or” substitute
—
(i) sections 31 to 33 of the Care Act 2014 (as applied by Schedule 4 to that Act),
(ii) sections 50, 51 and 53 of the Social Services and Well-being (Wales) Act 2014 (as applied by Schedule A1 to that Act), or
(iii) regulations under
,
(b) in paragraph (b), after “apart from” insert “ those sections (as so applied) or ”.
(12) In the case of a person who, immediately before the commencement of subsections (3) and (4), is being provided with after-care services under section 117 of the Mental Health Act 1983, the amendments made by those subsections do not apply while those services are continuing to be provided to that person.
(13) In section 145 of the Mental Health Act 1983 (interpretation), for the definition of “local social services authority” substitute—
“local social services authority” means—
(a) an authority in England which is a local authority for the purposes of Part 1 of the Care Act 2014, or
(b) an authority in Wales which is a local authority for the purposes of the Social Services and Well-being (Wales) Act 2014.
76 Prisoners and persons in approved premises etc.
(1) In its application to an adult who is detained in prison, this Part has effect as if references to being ordinarily resident in an area were references to being detained in prison in that area.
(2) In its application to an adult who is residing in approved premises, this Part has effect as if references to being ordinarily resident in an area were references to being resident in approved premises in that area.
(3) In its application to an adult who is residing in any other premises because a requirement to do so has been imposed on the adult as a condition of the grant of bail in criminal proceedings, this Part has effect as if references to being ordinarily resident in an area were references to being resident in premises in that area for that reason.
(4) The power under section 30 (preference for particular accommodation) may not be exercised in the case of an adult who is detained in prison or residing in approved premises except for the purpose of making provision with respect to accommodation for the adult—
(a) on his or her release from prison (including temporary release), or
(b) on ceasing to reside in approved premises.
(5) Sections 31 to 33 (direct payments) do not apply in the case of an adult who, having been convicted of an offence, is—
(a) detained in prison, or
(b) residing in approved premises.
(6) Sections 37 and 38 (continuity of care), in their application to an adult who is detained in prison or residing in approved premises, also apply where it is decided that the adult is to be detained in prison, or is to reside in approved premises, in the area of another local authority; and accordingly—
(a) references to the adult's intention to move are to be read as references to that decision, and
(b) references to carers are to be ignored.
(7) Sections 42 and 47 (safeguarding: enquiry by local authority and protection of property) do not apply in the case of an adult who is—
(a) detained in prison, or
(b) residing in approved premises.
(8) An SAB's objective under section 43(2) does not include helping and protecting adults who are detained in prison or residing in approved premises; but an SAB may nonetheless provide advice or assistance to any person for the purpose of helping and protecting such adults in its area in cases of the kind described in section 42(1) (adults with needs for care and support who are at risk of abuse or neglect).
(9) Section 44 (safeguarding adults reviews) does not apply to any case involving an adult in so far as the case relates to any period during which the adult was—
(a) detained in prison, or
(b) residing in approved premises.
(10) Regulations under paragraph 1(1)(d) of Schedule 2 (membership of Safeguarding Adults Boards) may not specify the governor, director or controller of a prison or a prison officer or prisoner custody officer.
(11) “Prison” has the same meaning as in the Prison Act 1952 (see section 53(1) of that Act); and—
(a) a reference to a prison includes a reference to a young offender institution, secure training centre or secure children's home,
(b) the reference in subsection (10) to the governor, director or controller of a prison includes a reference to the governor, director or controller of a young offender institution, to the governor, director or monitor of a secure training centre and to the manager of a secure children's home, and
(c) the reference in that subsection to a prison officer or prisoner custody officer includes a reference to a prison officer or prisoner custody officer at a young offender institution, to an officer or custody officer at a secure training centre and to a member of staff at a secure children's home.
(12) “Approved premises” has the meaning given in section 13 of the Offender Management Act 2007.
(13) “Bail in criminal proceedings” has the meaning given in section 1 of the Bail Act 1976.
(14) For the purposes of this section—
(a) a person who is temporarily absent from prison is to be treated as detained in prison for the period of absence;
(b) a person who is temporarily absent from approved premises is to be treated as residing in approved premises for the period of absence;
(c) a person who is temporarily absent from other premises in which the person is required to reside as a condition of the grant of bail in criminal proceedings is to be treated as residing in the premises for the period of absence.
77 Registers of sight-impaired adults, disabled adults, etc.
(1) A local authority must establish and maintain a register of sight-impaired and severely sight-impaired adults who are ordinarily resident in its area.
(2) Regulations may specify descriptions of persons who are, or are not, to be treated as being sight-impaired or severely sight-impaired for the purposes of this section.
(3) A local authority may establish and maintain one or more registers of adults to whom subsection (4) applies, and who are ordinarily resident in the local authority's area, for the purposes in particular of—
(a) planning the provision by the authority of services to meet needs for care and support, and
(b) monitoring changes over time in the number of adults in the authority's area with needs for care and support and the types of needs they have.
(4) This subsection applies to an adult who—
(a) has a disability,
(b) has a physical or mental impairment which is not a disability but which gives rise, or which the authority considers may in the future give rise, to needs for care and support, or
(c) comes within any other category of persons the authority considers appropriate to include in a register of persons who have, or the authority considers may in the future have, needs for care and support.
(5) “Disability” has the meaning given by section 6 of the Equality Act 2010.
(1) A local authority must act under the general guidance of the Secretary of State in the exercise of functions given to it by this Part or by regulations under this Part.
(2) Before issuing any guidance for the purposes of subsection (1), the Secretary of State must consult such persons as the Secretary of State considers appropriate.
(3) The Secretary of State must have regard to the general duty of local authorities under section 1(1) (promotion of individual well-being)—
(a) in issuing guidance for the purposes of subsection (1);
(b) in making regulations under this Part.
(1) A local authority may authorise a person to exercise on its behalf a function it has under—
(a) this Part or regulations under this Part (but see subsection (2)), or
(b) section 117 of the Mental Health Act 1983 (after-care services).
(2) The references in subsection (1)(a) to this Part do not include a reference to—
(a) section 3 (promoting integration with health services etc.),
(b) sections 6 and 7 (co-operating),
(c) section 14 (charges),
(d) sections 42 to 47 (safeguarding adults at risk of abuse or neglect), or
(e) this section.
(3) An authorisation under this section may authorise an employee of the authorised person to exercise the function to which the authorisation relates; and for that purpose, where the authorised person is a body corporate, “employee” includes a director or officer of the body.
(4) An authorisation under this section may authorise the exercise of the function to which it relates—
(a) either wholly or to the extent specified in the authorisation;
(b) either generally or in cases, circumstances or areas so specified;
(c) either unconditionally or subject to conditions so specified.
(5) An authorisation under this section—
(a) is for the period specified in the authorisation;
(b) may be revoked by the local authority;
(c) does not prevent the local authority from exercising the function to which the authorisation relates.
(6) Anything done or omitted to be done by or in relation to a person authorised under this section in, or in connection with, the exercise or purported exercise of the function to which the authorisation relates is to be treated for all purposes as done or omitted to be done by or in relation to the local authority.
(7) But subsection (6) does not apply—
(a) for the purposes of the terms of any contract between the authorised person and the local authority which relate to the function, or
(b) for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person.
(8) Schedule 15 to the Deregulation and Contracting Out Act 1994 (which permits disclosure of information between local authorities and contractors where that is necessary for the exercise of the functions concerned, even if that would otherwise be unlawful) applies to an authorisation under this section as it applies to an authorisation by virtue of an order under section 70(2) of that Act.
(9) The Secretary of State may by order—
(a) amend subsection (2) so as to add to or remove from the list a provision of this Part;
(b) amend subsection (1) so as to add to or remove from the list a provision relating to care and support for adults or support for carers;
(c) impose conditions or other restrictions on the exercise of the power under subsection (1), whether by amending this section or otherwise.
(10) The provision which may be made in an order under subsection (9) in reliance on section 125(8) (supplementary etc. provision in orders under this Act) includes, in particular, provision as to the rights and obligations of local authorities and persons authorised under this section in light of the provision made by the order.
(11) “Function” includes a power to do anything that is calculated to facilitate, or is conducive or incidental to, the exercise of a function.
(1) For the purposes of this Part, an expression in the first column of the following table is defined or otherwise explained by the provision of this Act specified in the second column.
Expression | Provision
Abuse | Section 42(3)
Accrued costs | Section 15(5)
Adult | Section 2(8)
Adult needing care | Section 10(3)
Authority under the Mental Capacity Act 2005 | Subsection (3) below
Best interests | Subsection (2) below
Cap on care costs | Section 15(4)
Capacity, having or lacking | Subsection (2) below
Care and support plan | Section 25
Care account | Section 29
Carer (other than in sections 58 to 62) | Section 10(3)
Carer's assessment | Sections 10(2) and 12(8) and (9)
Child's carer's assessment | Section 60(2)
Child's needs assessment | Section 58(2)
Daily living costs, amount attributable to | Section 15(8)
Deferred payment agreement | Section 34
Direct payment | Sections 31 and 32
Eligibility criteria | Section 13
Financial assessment | Section 17(5)
Financial limit | Section 17(10)
Financial year | Section 126
The health service | Section 126
Independent personal budget | Section 28
Local authority | Section 1(4)
Needs assessment | Sections 9(2) and 12(8) and (9)
Parent | Section 58(6)
Personal budget | Section 26
Registered care provider | Section 48
Support plan | Section 25
Well-being | Section 1(2)
Young carer | Section 63(6)
Young carer's assessment | Section 63(2)
(2) A reference in this Part to having or lacking capacity, or to a person's best interests, is to be interpreted in accordance with the Mental Capacity Act 2005.
(3) A reference in this Part to being authorised under the Mental Capacity Act 2005 is a reference to being authorised (whether in general or specific terms) as—
(a) a donee of a lasting power of attorney granted under that Act, or
(b) a deputy appointed by the Court of Protection under section 16(2)(b) of that Act.
In section 20 of the Health and Social Care Act 2008 (regulation of regulated activities), after subsection (5) insert—
(5A) Regulations under this section must make provision as to the provision of information in a case where an incident of a specified description affecting a person's safety occurs in the course of the person being provided with a service.
(1) In section 29 of the Health and Social Care Act 2008 (warning notice), after subsection (1) insert—
(1A) But a warning notice under this section may not be given to an NHS trust established under section 25 of the National Health Service Act 2006 or an NHS foundation trust.
(2) In subsections (2) and (3)(a) of that section, after “warning notice” insert “ under this section ”.
(3) After that section insert—
Warning notice: quality of health care
29A (1) If it appears to the Commission that the quality of health care provided by an NHS trust established under section 25 of the National Health Service Act 2006 or by an NHS foundation trust requires significant improvement, the Commission may give the trust a warning notice.
(2) A warning notice under this section is a notice in writing—
(a) stating that the Commission has formed the view that the quality of health care provided by the trust requires significant improvement,
(b) specifying the health care concerned,
(c) giving the Commission's reasons for its view, and
(d) requiring the trust to make a significant improvement to the quality of the health care concerned within a specified time.
(3) Where a warning notice under this section imposes more than one requirement under subsection (2)(d), it may specify different times for different requirements.
(4) The Commission must—
(a) where the notice specifies only one time under subsection (2)(d), determine at the end of that time whether the requirement has been complied with;
(b) where the notice specifies more than one time under subsection (2)(d), determine at the end of the latest of those times, whether the requirements have been complied with.
(5) Where, having carried out the duty under subsection (4), the Commission is satisfied that a requirement to which the notice relates has not been complied with, it—
(a) must decide what action to take in relation to the trust, and
(b) in so deciding in the case of an NHS foundation trust, must consider in particular whether to require Monitor to make an order under section 65D(2) of the National Health Service Act 2006 (appointment of trust special administrator).
(4) In each of the following provisions of that Act, after “section 29” insert “ or 29A ”
(a) section 32(1)(a) (decisions against which appeal may not be made to the First-tier tribunal),
(b) section 39(2)(c) (bodies required to be given certain notices), and
(c) section 89(1)(e) and (2) (publication of information relating to enforcement action).
(5) In section 88(1)(d) of that Act (guidance issued by the Commission about enforcement action), for “section 29” substitute “ sections 29 and 29A ”.
83 Imposition of licence conditions on NHS foundation trusts
(1) Section 111 of the Health and Social Care Act 2012 (imposition by Monitor of licence conditions on NHS foundation trusts during transitional period) is amended as follows.
(2) After subsection (2) insert—
(2A) Where a warning notice under section 29A of the Health and Social Care Act 2008 is given to an NHS foundation trust, Monitor may include in the trust's licence such conditions as it considers appropriate in connection with the matters to which the notice relates.
(3) In subsections (3) to (5) and (7) to (9), after “subsection (1)” in each place it appears insert “ or (2A) ”.