References - cross-border placements guidance

  1. Care Act 2014 and Social Services and Well-being (Wales) Act 2014.
  2. Social Work (Scotland) Act 1968, ss 12 and 12A.
  3. Health and Personal Social Services (Northern Ireland) Order 1972, art 15.
  4. Department of Health, ‘Principles for maintaining continuity of care when moving across borders within the United Kingdom’ (26 March 2015).
  5. Department of Health, ‘Care and Support Statutory Guidance’ (2014).
  6. Welsh Government, ‘Guidance for Welsh local authorities on cross-border placements for adults’ (2015).
  7. ‘R. v Waltham Forest LBC Ex p Vale’ (1985), The Times, 25 February 1985.
  8. ‘R. (Cornwall Council) v Secretary of State for Health [2015] UKSC 46 at [47]’.
  9. Scottish Government, Circular No: CCD 3/2015 – ‘Guidance on the recovery of expenditure on accommodation and services under section 86 of the Social Work (Scotland) Act 1968 (2015)’.
  10. Care Act 2014, Sch 1, para 12(2), and the Care and Support (Ordinary Residence) (Specified Accommodation) Regulations 2014 (SI 2014/2828).
  11. Care Act 2014, sch 1, para 12(4).
  12. In other types of settings it is not the accommodation part that is arranged and provided for by the local authority, rather it is the services and/or facilities that are put in place to enable a person to live there that is arranged and provided by the local authority (the accommodation itself may be arranged privately and paid for, for example, through housing benefit).
  13. Care Act 2014, sch 1, para 12(3) and Care and Support (Ordinary Residence) (Specified Accommodation) (Wales) Regulations 2015.
  14. Care Act 2014, sch 1, para 12(5).
  15. In relation to England, where a person with finances above the upper capital limit with mental capacity asks the local authority to meet their eligible needs, and it is anticipated that their needs will be met by a care home placement, then the local authority may choose to meet their needs, but is not required to do so. But if the person does not have mental capacity to make arrangements for the accommodation and has no attorney, deputy, friends or relatives to act on their behalf, the local authority is responsible for making the arrangements (with reimbursement from the person as necessary).
  16. See Section 18(4) of the Care Act 2014 in relation to England and the statutory guidance under that Act.
  17. See ECCU 2010, ‘Care management, provision of services, and charging guidance’.
  18. This is because the property disregard regulations in England (see para 2 of sch 2 to SI 2014/2672) apply to a ‘care home’ which means a care home registered under the Health and Social Care Act 2008.
  19. The legal frameworks for looked-after children are governed by the Children Act 1989, the Children (Scotland) Act 1995, the Social Services and Well-being (Wales) Act 2014 and the Children (Northern Ireland) Order 1995.
  20. ‘R. (Cornwall Council) v Secretary of State for Health [2015] UKSC 46’.
  21. ‘R. (Cornwall Council) v Secretary of State for Health [2015] UKSC 46 at [54]’.
  22. Department of Health, ‘Care and support statutory guidance’ (2014), para 21.11.
  23. See e.g. duties under Section 67 of the Care Act 2014 in relation to England.
  24. In relation to England, see in particular duties of authorities under Section 1 (promoting individual well-being) of the Care Act 2014.
  25. For example, NHS Wales and NHS Commissioning Board Protocol for Cross-Border Healthcare Services (August 2013).

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