Adult Social Care
Content
Review of Statutory Duties
Department Theme Unique ref Number Legislation Ordinary Residence Disputes (National Assistance Act 1948) Directions 2010 Year Title of duty To provide services to individuals pending the outcome of an ordinary residence dispute Function - What is it intended to achieved? Responsibility for provision of services pending determination of dispute. This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. To extend the system of direct payments to include people who lack the capacity to consent to the making of direct payments and to remove the exclusions that currently apply to people who are subject to various provisions of mental health legislation This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. Sets out how Local Authorities (and National Health Service organisations) should handle complaints
Department of Health
Adult Social Care
DH_068
1948
Community Care, Services for Carers and Children's Services (Direct Payments) England Regs 2009
Department of Health Adult Social Care
To make direct payments in some cases. Power to make direct payments in other cases
2009
DH_069
Department of Health
Adult Social Care
DH_070
Local Authority Social Services and NHS Complaints (England ) Regs 2009 Care Quality Commission (Registration Regulations) 2009 [SI 2009/3112] regulation 10
2009
Duties in relation to complaints made on or after 1st April 2009 in relation to social services
Department of Health
Adult Social Care
DH_071
2009
To provide Care Quality Commission with access to Duty on local authority to provide Care Quality Commission with explanation of a relevant matter information to inform the assessment of quality of care where so requested by Care Quality Commission provided to people who use services Action by local authorities to ensure failing services are Power of Care Quality Commission (CQC) to improved serve notice on local authority where, following review by CQC, CQC is of the view that the LA is failing to discharge adult social services duties to acceptable standard. Implies duty on LA to comply with the requirements of such a notice Power of Care Quality Commission to give advice To support improvement of services - by ensuring Care to local authority about any inquiry to be held by Quality Commission views are fed in the local authority into provision of adult social services -implied a duty on local authority to consider/comply with such advice Power of Care Quality Commission to undertake Improvements to services for vulnerable people studies designed to make recommendations for improving the management of an English local authority of its provision of adult social services implied duty on local authority to consider such recommendations Power on Care Quality Commission to enter and To provide Care Quality Commission with access to premises to inform the assessment of quality of care inspect inter alia any premises owned or controlled by local authority - section 63 provides provided to people who use services that it is an offence to obstruct such inspection so clear duty on local authority to cooperate Supplementary provisions concerning right of entry and inspection provided for in section 2 duty on local authority to cooperate Power on Care Quality Commission to require documents and information from inter alia local authority - failure to comply is offence Power for Care Quality Commission to set fees for, inter alia, local authorities to pay - fee recoverable as civil debt if not paid To provide Care Quality Commission with access to information and premises to inform the assessment of quality of care provided to people who use services To provide Care Quality Commission with access to information to inform the assessment of quality of care provided to people who use services Allows Care Quality Commission to recover costs of regulating adult social care from providers - which ensures fair playing field across public and private sectors
Health and Social Care Act 2008 section 50
Department of Health
Adult Social Care
DH_072
2008
Health and Social Care Act 2008 section 53
Department of Health Adult Social Care
DH_073
2008
Health and Social Care Act 2008 section 54
Department of Health
Adult Social Care
DH_074
2008
Health and Social Care Act 2008 section 62
Department of Health Adult Social Care
DH_075
2008
Department of Health Department of Health
Adult Social Care
DH_076 DH_077
Health and Social Care Act 2008 Section 63
2008
Health and Social Care Act 2008 section 64
2008
Adult Social Care
Health and Social Care Act 2008 section 85
Department of Health Adult Social Care
DH_078
2008
Page 1 of 4
Review of Statutory Duties
Department Theme Unique ref Number NHS Act 2006 s.74 Legislation Year Title of duty Supply of goods and services by the local authority Function - What is it intended to achieved?
Department of Health
Adult Social Care
DH_079
2006
Department of Health
Adult Social Care
DH_080
NHS Act 2006 s.82
2006
Department of Health
Adult Social Care
DH_081
Community Care (Delayed Discharges etc) Act 2003 section 4
2003
Department of Health Department of Health
Adult Social Care
DH_082 DH_083
Community Care (Delayed Discharges etc) Act 2003 section 6 Delayed Discharges (England) Regs 2003
2003
Adult Social Care
2003
Department of Health
Adult Social Care
DH_084
Community Care (Delayed Discharges etc) Act (Qualifying Services) England) Regs 2003
2003
Department of Health Department of Health
Adult Social Care
DH_085 DH_086
Carers and Disabled Children Act 2000 s1
2000
Carers and Disabled Children Act 2000 s2
2000
Adult Social Care
Carers and Disabled Children Act 2000 s6A
Department of Health Adult Social Care
DH_087 Carers (Recognition and Services) Act 1995 s1
2000
Department of Health
Adult Social Care
DH_088
1995
Department of Health
Adult Social Care
DH_089
National Assistance (Assessment of Resources) Regulations1992
1992
Department of Health Department of Health
Adult Social Care
DH_090 DH_091
NHS and Community Care Act 1990 s.46
1990
NHS and Community Care Act 1990 s.47
1990
Adult Social Care
Each local authority must make services available to each NHS body acting in its area, so far as is reasonably necessary and practicable to enable the NHS body to discharge its functions under this Act. “Services” means the services of persons employed by the local authority for the purposes of its functions under the Local Authority Social Services Act 1970 This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. To cooperate with the National Health Service Co-operation between NHS bodies and local authorities This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. Duties of responsible authority following notice under To carry out assessments and inform the section 2 (Notice of patient's likely need for community National Health Service of decisions following care services) This duty is being receipt of a notice under section 2 of the Act considered by the Law Commission as part of their review of Adult Social Care Law. To make delayed discharged payment in certain LAs making delayed discharge payments to the NHS circumstances This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. LAs making delayed discharge payments to the NHS Contain details of the delayed discharges This duty is being considered by the Law Commission as scheme including prescribing the amount Local Authorities are liable to pay part of their review of Adult Social Care Law. Require LAs to provide certain community care services Local Authorities to provide community This duty is being equipment (aids and minor adaptations) service free of charge for intermediate care considered by the Law Commission as part of their review of Adult Social Care Law. To assess carer's ability to provide care Right of carers to an assessment This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. To decide whether to provide services to carer Services for carers This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. To inform carers of right to assessment Assessments: persons with parental responsibility for disabled children This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. To assess carer's ability to provide care Assessment of ability of carers to provide care: England This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. Assessment of resources for purposes of paying How the LA assessment has to look at income resources treated as capital This duty is being residential accommodation charges under s22 NAA (National Assistance Act) considered by the Law Commission as part of their review of Adult Social Care Law. To prepare plans for community care services Local authority plans for community care services This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. To assess needs for community care services Assessment of need for community care services This duty is being considered by the Law Commission as part of their review of Adult Social Care Law.
Page 2 of 4
Review of Statutory Duties
Department Theme Unique ref Number Legislation Disabled Persons (Services, Consultation and Representation) Act 1986 s2 Year Title of duty To provide information and assistance to representative of disabled person Function - What is it intended to achieved?
Department of Health
Adult Social Care
DH_092
1986
Department of Health Department of Health
Adult Social Care
DH_093 DH_094
Disabled Persons (Services, Consultation and Representation) Act 1986 s3 Disabled Persons (Services, Consultation and Representation) Act 1986 s4 Disabled Persons (Services, Consultation and Representation) Act 1986 s7
1986
Adult Social Care
1986
Department of Health
Adult Social Care
DH_095
1986
Department of Health Department of Health Department of Health
Adult Social Care
DH_096 DH_097 DH_098
Disabled Persons (Services, Consultation and Representation) Act 1986 s8 Chronically Sick and Disabled Persons Act 1970 s.1
1986
Adult Social Care
1970
Chronically Sick and Disabled persons Act 1970 s.2
1970
Adult Social Care
Local Authority Social Services Act 1970 (LASSA) s. 7
Department of Health Adult Social Care
DH_099 National Assistance Act 1948 (NAA) s.21
1970
Department of Health
Adult Social Care
DH_100 National Assistance Act 1948 s 22
1948
The rights of authorised representatives of disabled persons This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. Assessment by LA of needs of disabled person To give disabled person or their representative This duty is being considered by the Law Commission as the opportunity to make representations when needs are assessed part of their review of Adult Social Care Law. To consider needs of disabled person under LA must consider needs of disabled people 1970 Act on request This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. To assess needs of certain persons discharged LA to assess needs of certain persons discharged from from hospital hospital This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. To take into account abilities of carer To take into account abilities of carer This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. To inform itself of number of persons to whom Information as to need for welfare services This duty is s.29 of National Assistance Act applies being considered by the Law Commission as part of their review of Adult Social Care Law. To provide welfare services in the exercise of Provision of welfare services functions under s.29 This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. To act under guidance of the Secretary of State LAs must secure prescribed early years provision free of charge This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. Local Authorities' to provide residential accommodation To provide residential accommodation in some circumstances and power in others. (Determined This duty is being considered by the Law Commission as in accordance with approvals and directions) part of their review of Adult Social Care Law. To recover charges in respect of residential accommodation To temporarily protect property of persons in hospital Allow Local Authorities' to charge for accommodation This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. Local Authorities' have to provide temporary protection for property of persons admitted to hospitals This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. Local authorities to exercise social services functions under guidance of Secretary of State This duty is being considered by the Law Commission as part of their review of Adult Social Care Law.
Department of Health
Adult Social Care
DH_101
1948
National Assistance Act 1948 s.48
Department of Health Adult Social Care
DH_102 Local Authority Social Services Act 1970 (LASSA) s.7A
1948
Department of Health
Adult Social Care
DH_103
1948
To act in accordance with directions from the Secretary of State
Page 3 of 4
Review of Statutory Duties
Department Theme Unique ref Number Legislation Mental Capacity Act 2005 and Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (General) Regulations 2006, Regulation 5 Year Title of duty The Local Authority must instruct an Independent Mental Capacity Act advocate (IMCA) under s.39 or 39A, C or D in certain circumstances. Where a person is detained in a care home, the supervisory body (SB) will be the LA (para 182 Sch A1). The amendment to section 35 makes local authorities, instead of the Secretary of State, responsible for making arrangements to enable independent mental capacity advocates to represent and support specified persons. The amendment to Schedule A1 removes references to Primary Care Trusts and Strategic Health Authorities and inserts references to a local authority as the supervisory body if the relevant person is ordinarily resident in England Function - What is it intended to achieved? Ensure that people who lack capacity and have nobody to represent them in major life decisions about serious medical treatment and where they live are represented. And ensure that where a person's care and / or treatment can only be provided in circumstances that amount to a deprivation of liberty that is lawfully authorised
Department of Health
Adult Social Care
DH_104
2005
Page 4 of 4
Department Theme Unique ref Number Legislation Ordinary Residence Disputes (National Assistance Act 1948) Directions 2010 Year Title of duty To provide services to individuals pending the outcome of an ordinary residence dispute Function - What is it intended to achieved? Responsibility for provision of services pending determination of dispute. This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. To extend the system of direct payments to include people who lack the capacity to consent to the making of direct payments and to remove the exclusions that currently apply to people who are subject to various provisions of mental health legislation This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. Sets out how Local Authorities (and National Health Service organisations) should handle complaints
Department of Health
Adult Social Care
DH_068
1948
Community Care, Services for Carers and Children's Services (Direct Payments) England Regs 2009
Department of Health Adult Social Care
To make direct payments in some cases. Power to make direct payments in other cases
2009
DH_069
Department of Health
Adult Social Care
DH_070
Local Authority Social Services and NHS Complaints (England ) Regs 2009 Care Quality Commission (Registration Regulations) 2009 [SI 2009/3112] regulation 10
2009
Duties in relation to complaints made on or after 1st April 2009 in relation to social services
Department of Health
Adult Social Care
DH_071
2009
To provide Care Quality Commission with access to Duty on local authority to provide Care Quality Commission with explanation of a relevant matter information to inform the assessment of quality of care where so requested by Care Quality Commission provided to people who use services Action by local authorities to ensure failing services are Power of Care Quality Commission (CQC) to improved serve notice on local authority where, following review by CQC, CQC is of the view that the LA is failing to discharge adult social services duties to acceptable standard. Implies duty on LA to comply with the requirements of such a notice Power of Care Quality Commission to give advice To support improvement of services - by ensuring Care to local authority about any inquiry to be held by Quality Commission views are fed in the local authority into provision of adult social services -implied a duty on local authority to consider/comply with such advice Power of Care Quality Commission to undertake Improvements to services for vulnerable people studies designed to make recommendations for improving the management of an English local authority of its provision of adult social services implied duty on local authority to consider such recommendations Power on Care Quality Commission to enter and To provide Care Quality Commission with access to premises to inform the assessment of quality of care inspect inter alia any premises owned or controlled by local authority - section 63 provides provided to people who use services that it is an offence to obstruct such inspection so clear duty on local authority to cooperate Supplementary provisions concerning right of entry and inspection provided for in section 2 duty on local authority to cooperate Power on Care Quality Commission to require documents and information from inter alia local authority - failure to comply is offence Power for Care Quality Commission to set fees for, inter alia, local authorities to pay - fee recoverable as civil debt if not paid To provide Care Quality Commission with access to information and premises to inform the assessment of quality of care provided to people who use services To provide Care Quality Commission with access to information to inform the assessment of quality of care provided to people who use services Allows Care Quality Commission to recover costs of regulating adult social care from providers - which ensures fair playing field across public and private sectors
Health and Social Care Act 2008 section 50
Department of Health
Adult Social Care
DH_072
2008
Health and Social Care Act 2008 section 53
Department of Health Adult Social Care
DH_073
2008
Health and Social Care Act 2008 section 54
Department of Health
Adult Social Care
DH_074
2008
Health and Social Care Act 2008 section 62
Department of Health Adult Social Care
DH_075
2008
Department of Health Department of Health
Adult Social Care
DH_076 DH_077
Health and Social Care Act 2008 Section 63
2008
Health and Social Care Act 2008 section 64
2008
Adult Social Care
Health and Social Care Act 2008 section 85
Department of Health Adult Social Care
DH_078
2008
Page 1 of 4
Review of Statutory Duties
Department Theme Unique ref Number NHS Act 2006 s.74 Legislation Year Title of duty Supply of goods and services by the local authority Function - What is it intended to achieved?
Department of Health
Adult Social Care
DH_079
2006
Department of Health
Adult Social Care
DH_080
NHS Act 2006 s.82
2006
Department of Health
Adult Social Care
DH_081
Community Care (Delayed Discharges etc) Act 2003 section 4
2003
Department of Health Department of Health
Adult Social Care
DH_082 DH_083
Community Care (Delayed Discharges etc) Act 2003 section 6 Delayed Discharges (England) Regs 2003
2003
Adult Social Care
2003
Department of Health
Adult Social Care
DH_084
Community Care (Delayed Discharges etc) Act (Qualifying Services) England) Regs 2003
2003
Department of Health Department of Health
Adult Social Care
DH_085 DH_086
Carers and Disabled Children Act 2000 s1
2000
Carers and Disabled Children Act 2000 s2
2000
Adult Social Care
Carers and Disabled Children Act 2000 s6A
Department of Health Adult Social Care
DH_087 Carers (Recognition and Services) Act 1995 s1
2000
Department of Health
Adult Social Care
DH_088
1995
Department of Health
Adult Social Care
DH_089
National Assistance (Assessment of Resources) Regulations1992
1992
Department of Health Department of Health
Adult Social Care
DH_090 DH_091
NHS and Community Care Act 1990 s.46
1990
NHS and Community Care Act 1990 s.47
1990
Adult Social Care
Each local authority must make services available to each NHS body acting in its area, so far as is reasonably necessary and practicable to enable the NHS body to discharge its functions under this Act. “Services” means the services of persons employed by the local authority for the purposes of its functions under the Local Authority Social Services Act 1970 This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. To cooperate with the National Health Service Co-operation between NHS bodies and local authorities This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. Duties of responsible authority following notice under To carry out assessments and inform the section 2 (Notice of patient's likely need for community National Health Service of decisions following care services) This duty is being receipt of a notice under section 2 of the Act considered by the Law Commission as part of their review of Adult Social Care Law. To make delayed discharged payment in certain LAs making delayed discharge payments to the NHS circumstances This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. LAs making delayed discharge payments to the NHS Contain details of the delayed discharges This duty is being considered by the Law Commission as scheme including prescribing the amount Local Authorities are liable to pay part of their review of Adult Social Care Law. Require LAs to provide certain community care services Local Authorities to provide community This duty is being equipment (aids and minor adaptations) service free of charge for intermediate care considered by the Law Commission as part of their review of Adult Social Care Law. To assess carer's ability to provide care Right of carers to an assessment This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. To decide whether to provide services to carer Services for carers This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. To inform carers of right to assessment Assessments: persons with parental responsibility for disabled children This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. To assess carer's ability to provide care Assessment of ability of carers to provide care: England This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. Assessment of resources for purposes of paying How the LA assessment has to look at income resources treated as capital This duty is being residential accommodation charges under s22 NAA (National Assistance Act) considered by the Law Commission as part of their review of Adult Social Care Law. To prepare plans for community care services Local authority plans for community care services This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. To assess needs for community care services Assessment of need for community care services This duty is being considered by the Law Commission as part of their review of Adult Social Care Law.
Page 2 of 4
Review of Statutory Duties
Department Theme Unique ref Number Legislation Disabled Persons (Services, Consultation and Representation) Act 1986 s2 Year Title of duty To provide information and assistance to representative of disabled person Function - What is it intended to achieved?
Department of Health
Adult Social Care
DH_092
1986
Department of Health Department of Health
Adult Social Care
DH_093 DH_094
Disabled Persons (Services, Consultation and Representation) Act 1986 s3 Disabled Persons (Services, Consultation and Representation) Act 1986 s4 Disabled Persons (Services, Consultation and Representation) Act 1986 s7
1986
Adult Social Care
1986
Department of Health
Adult Social Care
DH_095
1986
Department of Health Department of Health Department of Health
Adult Social Care
DH_096 DH_097 DH_098
Disabled Persons (Services, Consultation and Representation) Act 1986 s8 Chronically Sick and Disabled Persons Act 1970 s.1
1986
Adult Social Care
1970
Chronically Sick and Disabled persons Act 1970 s.2
1970
Adult Social Care
Local Authority Social Services Act 1970 (LASSA) s. 7
Department of Health Adult Social Care
DH_099 National Assistance Act 1948 (NAA) s.21
1970
Department of Health
Adult Social Care
DH_100 National Assistance Act 1948 s 22
1948
The rights of authorised representatives of disabled persons This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. Assessment by LA of needs of disabled person To give disabled person or their representative This duty is being considered by the Law Commission as the opportunity to make representations when needs are assessed part of their review of Adult Social Care Law. To consider needs of disabled person under LA must consider needs of disabled people 1970 Act on request This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. To assess needs of certain persons discharged LA to assess needs of certain persons discharged from from hospital hospital This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. To take into account abilities of carer To take into account abilities of carer This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. To inform itself of number of persons to whom Information as to need for welfare services This duty is s.29 of National Assistance Act applies being considered by the Law Commission as part of their review of Adult Social Care Law. To provide welfare services in the exercise of Provision of welfare services functions under s.29 This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. To act under guidance of the Secretary of State LAs must secure prescribed early years provision free of charge This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. Local Authorities' to provide residential accommodation To provide residential accommodation in some circumstances and power in others. (Determined This duty is being considered by the Law Commission as in accordance with approvals and directions) part of their review of Adult Social Care Law. To recover charges in respect of residential accommodation To temporarily protect property of persons in hospital Allow Local Authorities' to charge for accommodation This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. Local Authorities' have to provide temporary protection for property of persons admitted to hospitals This duty is being considered by the Law Commission as part of their review of Adult Social Care Law. Local authorities to exercise social services functions under guidance of Secretary of State This duty is being considered by the Law Commission as part of their review of Adult Social Care Law.
Department of Health
Adult Social Care
DH_101
1948
National Assistance Act 1948 s.48
Department of Health Adult Social Care
DH_102 Local Authority Social Services Act 1970 (LASSA) s.7A
1948
Department of Health
Adult Social Care
DH_103
1948
To act in accordance with directions from the Secretary of State
Page 3 of 4
Review of Statutory Duties
Department Theme Unique ref Number Legislation Mental Capacity Act 2005 and Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (General) Regulations 2006, Regulation 5 Year Title of duty The Local Authority must instruct an Independent Mental Capacity Act advocate (IMCA) under s.39 or 39A, C or D in certain circumstances. Where a person is detained in a care home, the supervisory body (SB) will be the LA (para 182 Sch A1). The amendment to section 35 makes local authorities, instead of the Secretary of State, responsible for making arrangements to enable independent mental capacity advocates to represent and support specified persons. The amendment to Schedule A1 removes references to Primary Care Trusts and Strategic Health Authorities and inserts references to a local authority as the supervisory body if the relevant person is ordinarily resident in England Function - What is it intended to achieved? Ensure that people who lack capacity and have nobody to represent them in major life decisions about serious medical treatment and where they live are represented. And ensure that where a person's care and / or treatment can only be provided in circumstances that amount to a deprivation of liberty that is lawfully authorised
Department of Health
Adult Social Care
DH_104
2005
Page 4 of 4
