Accommodation for cross-border placement
Schedule 1 applies when an authority in any of the four UK countries is arranging ‘accommodation’. The meaning of accommodation differs according to the legislation in each country. Thus, for the purpose of a cross-border placement:
- Accommodation in England is defined as meaning care home accommodation, shared lives scheme accommodation (also known as adult placement schemes) and supported living accommodation. (10)
- Accommodation in Scotland is defined as residential accommodation which may be provided under Sections 12 or 13A of the Social Work (Scotland) Act 1968, or Section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (11) – in effect, a residential care home. (12) Therefore, accommodation in any setting other than a care home is not accommodation under the 1968 Act or the 2003 Act.
- Following the implementation of the Social Services and Well-being (Wales) Act 2014, accommodation in Wales will be defined as meaning care home accommodation. (13)
- Accommodation in Northern Ireland means residential or other accommodation which may be provided under Article 15 of the Health and Personal Social Services (Northern Ireland) Order 1972. (14)
The meaning of accommodation is based on the legislation of the country where the person has been placed. It is not the meaning that applies in the country of the placing authority. So, for example, if a person is moved from England into supported living accommodation in Wales, this could not constitute a cross-border placement made under Schedule 1 (since the definition of accommodation in Wales does not include supported living). Whereas, if a person is moved from Wales into supported living accommodation in England, this could constitute a cross-border placement for the purposes of Schedule 1.
Local authorities in Scotland that intend to make arrangements for a person’s accommodation ‘outwith’ Scotland should be mindful, however, of the Community Care (Provision of Residential Accommodation Outwith Scotland (Scotland)) Regulations 2015 (SI 202/2015). These regulations define the type of accommodation (known as an ‘appropriate establishment’) into which Scottish local authorities can place individuals cross-border, presently, as being only a care home.