Care Act 2014 - legislation

1 care Act 2014 CHAPTER 23 Explanatory Notes have been produced to assist in theunderstanding of this Act and are available separately . 2325 care Act 2014 CHAPTER 23 CONTENTSPART 1 care AND SUPPORTG eneral responsibilities of local authorities1 Promoting individual well-being2 Preventing needs for care and support3 Promoting integration of care and support with health services information and advice5 Promoting diversity and quality in provision of services6Co-operating generally7Co-operating in specific casesMeeting needs for care to meet needsAssessing needs9 Assessment of an adult s needs for care and support10 Assessment of a carer s needs for support11 Refusal of assessment12 Assessments under sections 9 and 10: further provision13 The eligibility criteriaCharging and assessing financial resources14 Power of local authority to charge15 Cap on care costs16 Cap on care costs: annual adjustment17 Assessment of financial resourcesCare Act 2014 (c. 23)iiDuties and powers to meet needs18 Duty to meet needs for care and support19 Power to meet needs for care and support20 Duty and power to meet a carer s needs for support21 Exception for persons subject to immigration control22 Exception for provision of health services23 Exception for provision of housing steps after assessments24 The steps for the local authority to take25 care and support plan, support plan26 Personal budget27 Review of care and support plan or of support plan28 Independent personal budget29 care account30 Cases where adult expresses preference for particular accommodationDirect payments31 Adults with capacity to request direct payments32 Adults without capacity to request direct payments33 Direct payments: further provisionDeferred payment agreements, payment agreements and loans35 Deferred payment agreements and loans.

2 Further provision36 Alternative financial arrangementsContinuity of care and support when adult moves37 Notification, assessment, where assessments not complete on day of moveEstablishing where a person lives, a person s ordinary residence is40 Disputes about ordinary residence or continuity of care41 Financial adjustments between local authoritiesSafeguarding adults at risk of abuse or neglect42 Enquiry by local authority43 Safeguarding Adults Boards44 Safeguarding adults reviews45 Supply of information46 Abolition of local authority s power to remove persons in need of care47 Protecting property of adults being cared for away from homeProvider failure48 Temporary duty on local authority49 Section 48: cross-border casesCare Act 2014 (c. 23)iii50 Temporary duty on local authority in Wales51 Temporary duty on Health and Social care trust in Northern Ireland52 Sections 48 to 51: supplementaryMarket oversight53 Specifying criteria for application of market oversight regime54 Determining whether criteria apply to care provider55 Assessment of financial sustainability of care provider56 Informing local authorities where failure of care provider likely57 Sections 54 to 56: supplementaryTransition for children to adult care and support, of a child s needs for care and support59 Child s needs assessment: requirements of a child s carer s needs for support61 Child s carer s assessment: requirements to meet child s carer s needs for support63 Assessment of a young carer s needs for support64 Young carer s assessment: requirements under sections 58 to 64.

3 Further provision66 Continuity of services under other legislationIndependent advocacy support67 Involvement in assessments, plans enquiries and reviewsEnforcement of debts69 Recovery of charges, interest of assets to avoid chargesReview of funding provisions71 Five-yearly review by Secretary of StateAppeals72 Part 1 appealsMiscellaneous73 Human Rights Act 1998: provision of regulated care or support etc a publicfunction74 Discharge of hospital patients with care and support needs75 After- care under the Mental Health Act 198376 Prisoners and persons in approved premises of sight-impaired adults, disabled adults, , of local authority functionsCare Act 2014 (c. 23)ivGeneral80 Part 1: interpretationPART 2 care STANDARDSQ uality of services81 Duty of candour82 Warning notice83 Imposition of licence conditions on NHS foundation trusts84 Trust special administration: appointment of administrator85 Trust special administration: objective, consultation and reportsCare Quality Commission86 Restriction on applications for variation or removal of conditions87 Rights of appeal88 Unitary boardIncreasing the independence of the care Quality Commission89 Chief Inspectors90 Independence of the care Quality CommissionPerformance ratings91 Reviews and performance assessmentsFalse or misleading information92 Offence93 Penalties94 Offences by bodiesRegulated activities95 Training for persons working in regulated activityPART 3 HEALTHCHAPTER 1 HEALTH EDUCATION ENGLANDE stablishment96 Health Education EnglandCare Act 2014 (c.)

4 23)vNational functions97 Planning education and training for health care workers sufficient skilled health care workers for the health service99 Quality improvement in education and training, , priorities and outcomes101 Sections 98 and 100: matters to which HEE must have regard102 AdviceLocal functions103 Local Education and Training Boards104 LETBs: appointment : co-operation by providers of health services106 Education and training plans107 Commissioning education and trainingTariffs108 TariffsCHAPTER 2 HEALTH RESEARCH AUTHORITYE stablishment109 The Health Research AuthorityGeneral functions110 The HRA s functionsRegulatory practice111Co-ordinating and promoting regulatory practice ethics committees112 The HRA s policy on research ethics committees113 Approval of research114 Recognition by the HRA115 Establishment by the HRA116 Membership of the United Kingdom Ethics Committee AuthorityPatient information117 Approval for processing confidential patient informationCare Act 2014 (c.

5 23)viCHAPTER 3 CHAPTERS 1 AND 2: SUPPLEMENTARYM iscellaneous118 Transfer ordersGeneral119 Chapters 1 and 2: interpretation and supplementary provisionCHAPTER 4 TRUST SPECIAL ADMINISTRATION120 Powers of administrator 4 HEALTH AND SOCIAL CAREI ntegration fund121 Integration of care and support with health services etc: integration fundInformation122 The Health and Social care Information Centre: restrictions on disseminationof informationPART 5 GENERAL123 Power to make consequential provision124 Power to make transitional etc. provision125 Regulations and orders126 General interpretation127 Commencement128 Extent and application129 Short titleSchedule 1 Cross-border placementsSchedule 2 Safeguarding Adults BoardsSchedule 3 Discharge of hospital patients with care and support needsSchedule 4 Direct payments: after- care under the Mental Health Act 1983 Part 1 After- care under the Mental Health Act 1983: direct paymentsPart 2 Provision to be inserted in Social Services and Well-Being(Wales) Act 2014 Schedule 5 Health Education EnglandCare Act 2014 (c.

6 23)viiPart 1 ConstitutionPart 2 FunctionsPart 3 Finance and reportsPart 4 Consequential amendmentsSchedule 6 Local Education and Training BoardsSchedule 7 The Health Research AuthorityPart 1 ConstitutionPart 2 FunctionsPart 3 Finance and reportsPart 4 Consequential amendmentsSchedule 8 Research ethics committees: amendmentsELIZABETH IIc. 23 care Act 20142014 CHAPTER 23An Act to make provision to reform the law relating to care and support foradults and the law relating to support for carers; to make provision aboutsafeguarding adults from abuse or neglect; to make provision about carestandards; to establish and make provision about Health Education England;to establish and make provision about the Health Research Authority; to makeprovision about integrating care and support with health services; and forconnected purposes.[14th May 2014 ]E IT ENACTED by the Queen s most Excellent Majesty, by and with the advice andconsent of the Lords Spiritual and Temporal, and Commons, in this presentParliament assembled, and by the authority of the same, as follows: PART 1 care AND SUPPORTG eneral responsibilities of local authorities1 Promoting individual well-being(1)The general duty of a local authority, in exercising a function under this Part inthe case of an individual, is to promote that individual s well-being.

7 (2) Well-being , in relation to an individual, means that individual s well-beingso far as relating to any of the following (a)personal dignity (including treatment of the individual with respect);(b)physical and mental health and emotional well-being;(c)protection from abuse and neglect;(d)control by the individual over day-to-day life (including over care andsupport, or support, provided to the individual and the way in whichit is provided);BCare Act 2014 (c. 23)Part 1 care and support2(e)participation in work, education, training or recreation;(f)social and economic well-being;(g)domestic, family and personal relationships;(h)suitability of living accommodation;(i)the individual s contribution to society.(3)In exercising a function under this Part in the case of an individual, a localauthority must have regard to the following matters in particular (a)the importance of beginning with the assumption that the individual isbest-placed to judge the individual s well-being;(b)the individual s views, wishes, feelings and beliefs;(c)the importance of preventing or delaying the development of needs forcare and support or needs for support and the importance of reducingneeds of either kind that already exist;(d)the need to ensure that decisions about the individual are made havingregard to all the individual s circumstances (and are not based only onthe individual s age or appearance or any condition of the individual sor aspect of the individual s behaviour which might lead others tomake unjustified assumptions about the individual s well-being).

8 (e)the importance of the individual participating as fully as possible indecisions relating to the exercise of the function concerned and beingprovided with the information and support necessary to enable theindividual to participate;(f)the importance of achieving a balance between the individual s well-being and that of any friends or relatives who are involved in caring forthe individual;(g)the need to protect people from abuse and neglect;(h)the need to ensure that any restriction on the individual s rights orfreedom of action that is involved in the exercise of the function is keptto the minimum necessary for achieving the purpose for which thefunction is being exercised.(4) Local authority means (a)a county council in England,(b)a district council for an area in England for which there is no countycouncil,(c)a London borough council, or(d)the Common Council of the City of needs for care and support(1)A local authority must provide or arrange for the provision of services,facilities or resources, or take other steps, which it considers will (a)contribute towards preventing or delaying the development by adultsin its area of needs for care and support;(b)contribute towards preventing or delaying the development by carersin its area of needs for support;(c)reduce the needs for care and support of adults in its area;(d)reduce the needs for support of carers in its area.

9 (2)In performing that duty, a local authority must have regard to care Act 2014 (c. 23)Part 1 care and support3(a)the importance of identifying services, facilities and resources alreadyavailable in the authority s area and the extent to which the authoritycould involve or make use of them in performing that duty;(b)the importance of identifying adults in the authority s area with needsfor care and support which are not being met (by the authority orotherwise);(c)the importance of identifying carers in the authority s area with needsfor support which are not being met (by the authority or otherwise).(3)Regulations may (a)permit a local authority to make a charge for providing or arranging forthe provision of services, facilities or resources, or for taking othersteps, under this section;(b)prohibit a local authority from making a charge it would otherwise bepermitted to make by virtue of paragraph (a).(4)The regulations may in particular (in reliance on section 125(7)) makeprovision by reference to services, facilities or resources which (a)are of a specified type;(b)are provided in specified circumstances;(c)are provided to an adult of a specified description;(d)are provided for a specified period only.

10 (5)A charge under the regulations may cover only the cost that the local authorityincurs in providing or arranging for the provision of the service, facility orresource or for taking the other step.(6)In cases where a local authority performs the duty under subsection (1) jointlywith one or more other local authorities in relation to the authorities combinedarea (a)references in this section to a local authority are to be read as referencesto the authorities acting jointly, and(b)references in this section to a local authority s area are to be read asreferences to the combined area.(7)Sections 21 (exception for persons subject to immigration control), 22(exception for provision of health services) and 23 (exception for provision ofhousing etc.) apply in relation to the duty under subsection (1), but with themodifications set out in those sections.(8) Adult means a person aged 18 or integration of care and support with health services etc.