Local authority social care duties

Lexis Social Care Pic

The following Local Government guidance note, produced in partnership with Ros Ashcroft of DAC Beachcroft and Stephanie Townley of Addleshaw Goddard LLP provides comprehensive and up to date legal information covering local authority duties towards social care.

It covers:

• Local authority social care duties
• What does Part 1 of the Care Act 2014 cover?
• Interpreting the social care framework in Part 1
• Over-arching Care Act 2014 duties
• General duties
• The substance of the social care framework

The Care Act 2014 (CA 2014) received Royal Assent on 14 May 2014. The majority of CA 2014 came into force between October 2014 and April 2015. The remaining provisions were originally planned to come into force in April 2016, however, this date has now been pushed back to April 2020.

CA 2014, Pt 1 sets out the framework of local authority duties in relation to the arrangement and funding of social care which replaced the existing framework set out in several different pieces of legislation. It created a number of general duties which have a substantial impact on local authorities' general obligations in relation to the commissioning of health and social care provision. Part 4 of CA 2014 sets out the statutory provisions for care and support integration with health services.CA 2014, Pts 1, 4

This Practice Note identifies the key requirements of CA 2014, Pt 1.

CA 2014 also makes changes to the regulation of health and social care providers, including some changes to the duties and powers of the Care Quality Commission (CQC) (Pt 2), and establishes Health Education England and the Health Research Authority as statutory bodies (Pt 3). These parts of CA 2014 are outside the scope of this Practice Note as they do not directly affect the duties of local authorities. For further reading on the powers and duties of the CQC, see Practice Notes: Care Quality Commission (CQC), Care Quality Commission—inspections and reviews and Care Quality Commission—enforcement powers.

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