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Social care - meetings needs following provider failure in England Duty
- Description
- Where a Registered Care Provider becomes unable to carry on a regulated activity because of business failure.
A local authority must for so long as it considers necessary (and in so far as it is not already required to do so) meet those of an adult's needs for care and support and those of a carer's needs for support which were, immediately before the registered care provider became unable to carry on the regulated activity, being met by the carrying on of that activity in the authority's area by the provider.
A local authority in accordance with the provisions of sections 48 or 49, must meets those needs regardless of—
(a) whether the relevant adult is ordinarily resident in its area;
(b) whether the authority has carried out a needs assessment, a carer's assessment or a financial assessment;
(c) whether any of the needs meet the eligibility criteria.
A local authority may make a charge for meeting needs (except in so far as doing so involves the provision of information or advice); and a charge under this subsection may cover only the cost that the local authority incurs in meeting the needs to which the charge applies
- Modified
- 18 Mar 2024
- Status
- Live
- is found in the following lists
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- requires
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