The Care and Support (Cross-border Placements and Business Failure: Temporary Duty) (Dispute Resolution) Regulations 2014
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Change 1
7 Contents of referral etc
(1) Where a referral is made in accordance with regulation 8, the authority which is the lead authority in relation to the dispute which is the subject of the referral, must send a copy of the referral to all persons who are Responsible Persons in relation to the authorities which are parties to the dispute. (2) Subject to paragraphs (8) and (9), the referral must include the following documents— (a) a letter signed by the lead authority stating that the dispute is being referred and identifying the provision of the Act, the application of which the dispute is about; (b) a statement of facts signed by each of the authorities which are parties to the dispute (“the authorities in dispute”) which includes the information specified in paragraph (3); and (c) copies of all correspondence between the authorities in dispute which relates to the dispute. (3) The information referred to in paragraph (2)(b) is— (a) an explanation of the nature of the dispute; (b) a chronology of the events leading up to the referral of the dispute, including the date on which the dispute arose; (c) details of the needs of the adult (“the relevant adult”) or carer (“the relevant carer”) to whom the dispute relates since the beginning of the period to which the dispute relates; (d) a statement as to which authority has met those needs since then, how those needs have been met and the statutory provisions under which they have been met; (e) a statement as to any other steps taken by the authorities in dispute in relation to the relevant adult or the relevant carer and which may be relevant to the dispute; (f) details of the relevant adult’s place of residence, and of any former places of residence which are relevant to the dispute; (g) in a case where the relevant adult’s capacity to decide where to live is relevant to the dispute, either— (i) a statement that the authorities in dispute agree that the adult has, or lacks, such capacity; or (ii) information which appears to any of the authorities in dispute to be relevant to the question of whether the adult has, or lacks such capacity; (h) details of the steps that the authorities in dispute have taken to resolve the dispute between themselves; and (i) any other information which appears to any of the authorities in dispute to be relevant to the determination of the dispute. (4) The authorities in dispute may submit legal arguments they are relying on in relation to the dispute provided that this is done within 14 days of the date on which the documents referred to in paragraph (2) are sent. (5) If an authority submits legal arguments, it must— (a) send a copy of those arguments to the other authorities in dispute; and (b) provide evidence to the Responsible Person determining the dispute that it has done so. (6) If the Responsible Person determining the dispute asks any of the authorities in dispute to provide further information, that authority must comply without delay. (7) For the purposes of this regulation— (a) a reference to lacking capacity (however expressed) is a reference to— (i) lacking capacity within the meaning of section 2 of the Mental Capacity Act 2005; (ii) being incapable within the meaning of section 1 of the Adults with Incapacity (Scotland) Act 2000; or (iii) being incapable by reason of mental disorder within the meaning of Article 3(1) of the Mental Health (Northern Ireland) Order 1986; (b) a reference to having capacity (however expressed) is a reference to not lacking capacity. (8) Where the dispute is solely about the application of section 49(3)(c), 50(4)(c) or 51(4)(c) of the Act (recovery of costs), paragraph (3) is to be read as if sub-paragraphs (e), (f) and (g) were omitted and as if after sub-paragraph (i) there was inserted— (j) information as to the costs being sought to be recovered and a breakdown of those costs. . (9) Where the dispute is solely about the application of section 49(3)(a) or (b), 50(4)(a) or (b) or 51(4)(a) or (b) of the Act (duty to co-operate), paragraph (3) is to be read as if sub-paragraphs (c) to (g) were omitted.
7 Contents of referral etc
(1) Where a referral is made in accordance with regulation 8, the authority which is the lead authority in relation to the dispute which is the subject of the referral, must send a copy of the referral to all persons who are Responsible Persons in relation to the authorities which are parties to the dispute. (2) Subject to paragraphs (8) and (9), the referral must include the following documents— (a) a letter signed by the lead authority stating that the dispute is being referred and identifying the provision of the Act, the application of which the dispute is about; (b) a statement of facts signed by each of the authorities which are parties to the dispute (“the authorities in dispute”) which includes the information specified in paragraph (3); and (c) copies of all correspondence between the authorities in dispute which relates to the dispute. (3) The information referred to in paragraph (2)(b) is— (a) an explanation of the nature of the dispute; (b) a chronology of the events leading up to the referral of the dispute, including the date on which the dispute arose; (c) details of the needs of the adult (“the relevant adult”) or carer (“the relevant carer”) to whom the dispute relates since the beginning of the period to which the dispute relates; (d) a statement as to which authority has met those needs since then, how those needs have been met and the statutory provisions under which they have been met; (e) a statement as to any other steps taken by the authorities in dispute in relation to the relevant adult or the relevant carer and which may be relevant to the dispute; (f) details of the relevant adult’s place of residence, and of any former places of residence which are relevant to the dispute; (g) in a case where the relevant adult’s capacity to decide where to live is relevant to the dispute, either— (i) a statement that the authorities in dispute agree that the adult has, or lacks, such capacity; or (ii) information which appears to any of the authorities in dispute to be relevant to the question of whether the adult has, or lacks such capacity; (h) details of the steps that the authorities in dispute have taken to resolve the dispute between themselves; and (i) any other information which appears to any of the authorities in dispute to be relevant to the determination of the dispute. (4) The authorities in dispute may submit legal arguments they are relying on in relation to the dispute provided that this is done within 14 days of the date on which the documents referred to in paragraph (2) are sent. (5) If an authority submits legal arguments, it must— (a) send a copy of those arguments to the other authorities in dispute; and (b) provide evidence to the Responsible Person determining the dispute that it has done so. (6) If the Responsible Person determining the dispute asks any of the authorities in dispute to provide further information, that authority must comply without delay. (7) For the purposes of this regulation— (a) a reference to lacking capacity (however expressed) is a reference to— (i) lacking capacity within the meaning of section 2 of the Mental Capacity Act 2005; (ii) being incapable within the meaning of section 1 of the Adults with Incapacity (Scotland) Act 2000; or (iii) being incapable by reason of mental disorder within the meaning of Article 3(1) of the Mental Health (Northern Ireland) Order 1986; (b) a reference to having capacity (however expressed) is a reference to not lacking capacity. (8) Where the dispute is solely about the application of section 49(3)(c), 50(4)(c) or 51(4)(c) of the Act (recovery of costs), paragraph (3) is to be read as if sub-paragraphs (e), (f) and (g) were omitted and as if after sub-paragraph (i) there was inserted— (j) information as to the costs being sought to be recovered and a breakdown of those costs. . (9) Where the dispute is solely about the application of section 49(3)(a) or (b), 50(4)(a) or (b) or 51(4)(a) or (b) of the Act (duty to co-operate), paragraph (3) is to be read as if sub-paragraphs (c) to (g) were omitted.
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