A local authority does not have to comply with any duties imposed by section 13 of CA 2014 (determination of whether needs meet the eligibility criteria) or any regulations made under that section.

(3)

A local authority does not have to comply with any duties imposed by the following provisions—

(a)

sections 58 and 59 of CA 2014 (assessment of a child’s needs for care and support);

(b)

sections 60 and 61 of that Act (assessment of a child’s carer’s needs for support);

(c)

sections 63 and 64 of that Act (assessment of a young carer’s needs for support);

(d)

any regulations made under section 65(1) of that Act (further provision about assessments under sections 58 to 64).

(4)

Nothing in this paragraph prevents a local authority from carrying out any assessment, or making any determination, it considers appropriate for the purposes of exercising its functions under section 18, 19, 20 or 62 of CA 2014 (as modified by paragraphs 4 to 6 and 9 of this Schedule).

Assessment of financial resources

3 (1)

A local authority does not have to comply with any duties imposed by section 17 of CA 2014 (assessment of financial resources).

This is subject to sub-paragraph (2).

(2)

A local authority may not make a charge under section 14 of CA 2014 for meeting any needs under section 18, 19, 20 or 62 of that Act during a period for which paragraph 4, 5, 6 or (as the case may be) 9 of this Schedule has effect without having carried out an assessment under section 17 of that Act.

(3)

The requirement under sub-paragraph (2) to carry out an assessment under section 17 of CA 2014 applies whether or not the authority has made a determination under section 13(1) of that Act.

Duties and powers to meet needs for care and support

4

Section 18 of CA 2014 (duty to meet needs for care and support) has effect as if for subsection (1) there were substituted—

“(1)

A local authority must meet an adult’s needs for care and support if—

(a)

the adult is ordinarily resident in the authority’s area or is present in its area but of no settled residence,

(b)

the authority considers that it is necessary to meet those needs for the purpose of avoiding a breach of the adult’s Convention rights, and

(c)

there is no charge under section 14 for meeting the needs or, in so far as there is, condition 1, 2 or 3 is met.

In this subsection “Convention rights” has the same meaning as in the Human Rights Act 1998.”

5

Section 19 of CA 2014 (power to meet needs for care and support) has effect as if there were omitted—

(a)

the reference in subsection (1) to having carried out a needs assessment and a financial assessment;

(b)

the reference in subsection (2) to having made a determination under section 13(1) of that Act, and the words “which meet the eligibility criteria”;

(c)

the reference in subsection (3) to having not yet carried out a needs assessment or made a determination under section 13(1) of that Act.

6

In section 20 of CA 2014 (duty and power to meet a carer’s needs for support), subsection (1) has effect as if—

(a)

the words “, having made a determination under section 13(1),” and “which meet the eligibility criteria” were omitted;

(b)

after paragraph (a) there were inserted—

“(aa)

the authority considers that it is necessary to meet those needs for the purpose of avoiding a breach of the carer’s Convention rights,”;

(c)

at the end there were inserted—

“In this subsection “Convention rights” has the same meaning as in the Human Rights Act 1998.”

7 (1)

For the purposes of sections 18(6) and 20(9) of CA 2014 (meaning of references to there being no charge for meeting needs), a local authority that decides not to carry out an assessment under section 17 of that Act as a result of paragraph 3(1) above is to be treated as having decided not to make a charge under section 14 of that Act (but see paragraph 10 below).

(2)

But the duty under section 18 or 20(1) of CA 2014 does not apply to a local authority if—

(a)

the authority notifies the relevant person that it may make a charge for meeting needs under that section, and

(b)

the relevant person asks the authority not to meet those needs.

(3)

In sub-paragraph (2) “the relevant person” means—

(a)

the person who would be liable to pay any such charge, or

(b)

in a case where—

(i)

the authority would be meeting the needs of an adult under section 18 of CA 2014, and

(ii)

the adult lacks capacity to arrange for the provision of care and support,

a person who is authorised under the Mental Capacity Act 2005 to arrange for such provision or is otherwise in a position to do so on the adult’s behalf.

8

A local authority does not have to comply with any duties imposed by the following provisions—

(a)

any regulations made under section 30 of CA 2014 (cases where adult expresses preference for particular accommodation);

(b)

section 47(2) of that Act (duty to prevent or mitigate loss or damage to property of adults being cared for away from home).

9

Section 62 of CA 2014 (power to meet child’s carer’s needs for support) has effect as if the reference in subsection (1) to having carried out a child’s carer’s assessment were omitted.

Charging for meeting needs during emergency period

10 (1)

This paragraph applies where—

(a)

at any time during an emergency period, a local authority begins to meet needs under section 18, 19, 20 or 62 of CA 2014,

(b)

at that time, the authority would have been entitled to make a charge under section 14 of that Act for meeting any of those needs, but

(c)

the authority decided not to carry out an assessment under section 17 of that Act before beginning to meet those needs.

In this paragraph “emergency period”, in relation to section 18, 19, 20 or 62 of CA 2014, means a period for which paragraph 4, 5, 6 or (as the case may be) 9 of this Schedule has effect.

(2)

The local authority is not prevented by that decision from subsequently carrying out an assessment under section 17 of CA 2014 (whether during or after the emergency period) and deciding to make a charge for meeting those needs during that period; and nothing in that section is to be taken to prevent the authority from carrying out such an assessment, even though the authority has already begun to meet, or has met, those needs.

(3)

In so far as there is any charge for meeting any needs under section 18 or 19(2) of CA 2014 during the emergency period, the fact that condition 1, 2 or 3 in section 18 of that Act is not met at the time of the making of the charge does not affect anything already done under section 18 or (as the case may be) 19(2) of that Act.

(4)

In so far as there is any charge for meeting any needs under section 20(1) of CA 2014 during the emergency period, the fact that condition 1, 2, 3 or 4 in that section is not met at the time of the making of the charge does not affect anything already done under that section.

Care and support plans etc

11

A local authority does not have to comply with any duties imposed by the following provisions of CA 2014—

(a)

section 24 (duty to prepare care and support plan or support plan, etc);

(b)

section 25 (duties relating to plans);

(c)

section 27(1), (4), (4A) and (5) (duty to review plans, etc).

The reference in paragraph (c) to subsection (4A) of section 27 of CA 2014 is to the subsection treated as inserted by regulation 11 of the Care and Support (Children’s Carers) Regulations 2015 (S.I. 2015/305).

Continuity of care and support when person moves

12

A local authority does not have to comply with any duties imposed by the following provisions of CA 2014—

(a)

section 37 (duties of notification, assessment, etc when a person moves);

(b)

section 38 (case where assessments not complete on day of move).

13 (1)

This paragraph applies where—

(a)

paragraph 12 has had effect for any period (“the emergency period”), and

(b)

the emergency period has ended.

(2)

Section 37 of CA 2014 has effect subject to the modifications in sub-paragraphs (3) to (5).

(3)

In subsections (1) and (2)—

(a)

any reference to notifying a local authority that an adult intends to move to the area of that authority includes, in the case of an adult who moved to the area of a local authority during the emergency period, a reference to notifying that authority that the adult has moved to that area, and

(b)

where a local authority is notified that an adult has moved to the authority’s area by virtue of paragraph (a), the condition in subsection (1)(c) or (as the case may be) (2)(c) is to be disregarded (and accordingly the requirement imposed by subsection (4)(b) does not apply).

(4)

In subsection (3)—

(a)

the reference to notifying a local authority that an adult intends to move out of accommodation but to remain in the authority’s area includes, in the case of an adult who moved out of accommodation in the area of a local authority during the emergency period, a reference to notifying that authority that the adult has moved out of the accommodation but has remained in that area, and

(b)

where a local authority is notified that an adult has moved out of accommodation by virtue of paragraph (a), the condition in subsection (3)(c) is to be disregarded (and accordingly the requirement imposed by subsection (4)(b) does not apply).

(5)

In a case where subsection (4)(b) does not apply by virtue of sub-paragraph (3)(b) or (4)(b), subsection (5) has effect as if the reference to having received the notification under subsection (4)(b) were omitted.

(6)

The reference in section 38(1) of CA 2014 to the day of the intended move is, in the case of an adult who moved as mentioned in section 37(1)(b), (2)(b) or (3)(b) of that Act during the emergency period, to be read as a reference to the day on which that period ended.

Discharge of hospital patients with care and support needs

14

In Schedule 3 to CA 2014 (discharge of hospital patients with care and support needs), paragraph 3 has effect as if for sub-paragraph (1) there were substituted—

“(1)

The relevant authority, having received an assessment notice, must inform the NHS body responsible for the patient—

(a)

whether the patient has needs for care and support,

(b)

(where applicable) whether a carer has needs for support,

(c)

which (if any) of those needs the authority plans to meet, and

(d)

how the authority plans to meet those needs.”

Transition for children to adult care and support

15

A local authority does not have to comply with any duties imposed by—

(a)

section 2A(2) to (4) or (6) of the Chronically Sick and Disabled Persons Act 1970 (welfare services: transition for children to adult care and support), or

(b)

section 17ZH(2) to (4) or (6) of the Children Act 1989 (section 17 services: transition for children to adult care and support).

Duties arising before commencement

16 (1)

A provision of this Part of this Schedule that provides that a local authority does not have to comply with a relevant duty, or modifies a relevant duty of a local authority, applies in relation to duties arising before the commencement day as it applies in relation to duties arising on or after that day.

(2)

In sub-paragraph (1)—

“the commencement day”, in relation to a provision of this Part of this Schedule, means—

(a)

the day on which that provision comes into force, or

(b)

where on any day the operation of the provision is revived by regulations under section 88(3), that day;

“relevant duty” means a duty under—

(a)

Part 1 of CA 2014,

(b)

section 2A(2) to (4) or (6) of the Chronically Sick and Disabled Persons Act 1970, or

(c)

section 17ZH(2) to (4) or (6) of the Children Act 1989.

Period within which assessments may be carried out

17 (1)

Sub-paragraph (2) applies where—

(a)

any provision of paragraph 2 or 12 has had effect for any period, and

(b)

that period has ended.

(2)

In determining for the purposes of any proceedings whether a local authority has complied with its duty to carry out a relevant assessment within a reasonable period, a court must take into account (among other things) the following factors—

(a)

the length of any period for which any provision of paragraph 2 or 12 had effect, and

(b)

the number of relevant assessments which need to be carried out by the local authority following the end of any such period.

(3)

In this paragraph “relevant assessment” means—

(a)

a needs assessment under section 9 of CA 2014;

(b)

a carer’s assessment under section 10 of that Act;

(c)

a determination under section 13(1) of that Act;

(d)

an assessment under section 37(6) of that Act;

(e)

a child’s needs assessment under section 58 of that Act;

(f)

a child’s carer’s assessment under section 60 of that Act;

(g)

a young carer’s assessment under section 63 of that Act.

Guidance

18 (1)

The Secretary of State may issue guidance about how local authorities are to exercise functions under any of the following enactments in consequence of the provision made by this Part of this Schedule—

(a)

Part 1 of CA 2014;

(b)

section 2 of the Chronically Sick and Disabled Persons Act 1970;

(c)

section 17 of the Children Act 1989.

(2)

A local authority must have regard to any guidance issued under this paragraph.

(3)

A local authority must comply with such guidance issued under this paragraph as the Secretary of State directs.

(4)

The Secretary of State—

(a)

may from time to time revise any guidance issued under this paragraph;

(b)

may vary or revoke a direction made under sub-paragraph (3).

(5)

A local authority may disregard any guidance under section 7 of the Local Authority Social Services Act 1970 or section 78 of CA 2014, so far as it is inconsistent with guidance issued under this paragraph.

PART 2Powers and duties of local authorities in Wales

Introductory

19 (1)

In this Part of this Schedule “SSW(W)A 2014” means the Social Services and Well-being (Wales) Act 2014 (anaw 4).

(2)

Expressions used in this Part of this Schedule and in SSW(W)A 2014 have the same meaning in this Part of this Schedule as in that Act.

Assessing needs for care and support

20

A local authority does not have to comply with any duties imposed by—

(a)

section 19 of SSW(W)A 2014 (duty to assess the needs of an adult for care and support), or

(b)

any regulations made under section 30 of that Act, so far as relating to needs assessments under section 19;

(and accordingly section 20 of that Act (refusal of a needs assessment for an adult) does not apply).

21

In the case of any carer who is an adult, a local authority does not have to comply with any duties imposed by—

(a)

section 24 of SSW(W)A 2014 (duty to assess the needs of a carer for support), or

(b)

any regulations made under section 30 of that Act, so far as relating to needs assessments under section 24;

(and accordingly section 25 of that Act (refusal of a needs assessment for an adult carer) does not apply).

22 (1)

This paragraph applies in the case of any adult (including an adult who is a carer).

(2)

A local authority does not have to comply with any duties imposed by—

(a)

section 32(1)(a) of SSW(W)A 2014 (determination of whether needs meet the eligibility criteria),

(b)

section 32(2)(b) of that Act (determination of charge), or

(c)

any regulations made under subsection (3) of that section.

(3)

The English language text of section 32 of SSW(W)A 2014 has effect as if in subsection (1) there were omitted—

(a)

in the opening words, the words “, on the basis of a needs assessment,”, and

(b)

in paragraph (b), the words “if the needs do not meet the eligibility criteria,” and “nevertheless”.

(4)

The Welsh language text of section 32 of SSW(W)A 2014 has effect as if in subsection (1) there were omitted—

(a)

in the opening words, the words “, ar sail asesiad o anghenion,”, and

(b)

in paragraph (b), the words “os nad yw’r anghenion yn bodloni’r meini prawf cymhwystra,” and “, serch hynny,”.

23

Nothing in paragraph 20, 21 or 22 prevents a local authority from carrying out any assessment, or making any determination, it considers appropriate for the purposes of exercising its functions under section 35 or 40 of SSW(W)A 2014 (as modified by paragraphs 26 and 27 of this Schedule).

24 (1)

Sub-paragraph (2) applies where—

(a)

paragraph 20, 21 or 22 has had effect for any period, and

(b)

that period has ended.

(2)

(a)

the length of any period for which paragraph 20, 21 or 22 had effect, and

(b)

the number of relevant assessments which need to be carried out by the local authority following the end of any such period.

(3)

In this paragraph “relevant assessment” means—

(a)

a needs assessment under section 19 of SSW(W)A 2014;

(b)

a needs assessment under section 24 of that Act;

(c)

a determination under section 32(1)(a) of that Act.

Duty to carry out financial assessment

25 (1)

A local authority does not have to comply with the duty imposed by section 63(2) of SSW(W)A 2014 (duty to carry out a financial assessment).

(2)

But a local authority may not impose a charge under section 59 of SSW(W)A 2014 for meeting any needs under section 35 or 40 of that Act during any period for which paragraph 26 or (as the case may be) 27 applies without having carried out an assessment under section 63(2) of that Act.

Duties to meet needs for care and support

26

Section 35 of SSW(W)A 2014 (duty to meet care and support needs of an adult) has effect as if subsection (3)(a) were omitted.

27

Section 40 of SSW(W)A 2014 (duty to meet support needs of an adult carer) has effect as if—

(a)

in the English language text, for subsection (3) there were substituted—

“(3)

Condition 2 is that the local authority considers it necessary to meet the carer’s needs in order to protect the carer from abuse or neglect or a risk of abuse or neglect.”, and

(b)

in the Welsh language text, for subsection (3) there were substituted—

“(3)

Amod 2 yw bod yr awdurdod lleol yn barnu ei bod yn angenrheidiol diwallu’r anghenion er mwyn amddiffyn yr oedolyn rhag cael ei gam-drin neu ei esgeuluso neu rhag risg o gael ei gam-drin neu ei esgeuluso.”

28 (1)

For the purpose of determining whether the duty imposed by section 35 or 40 of SSW(W)A 2014 applies to a local authority, any reference in that section to there being no charge under section 59 of that Act includes a reference to there being no charge because the authority has decided not to carry out an assessment under section 63(2) of that Act as a result of paragraph 25(1) above (but see paragraph 30 below).

(2)

But the duty under section 35 or 40 of SSW(W)A 2014 does not apply to a local authority if—

(a)

the authority notifies the relevant person that it may impose a charge for meeting needs under that section, and

(b)

the relevant person asks the authority not to meet those needs.

(3)

In sub-paragraph (2) “the relevant person” means—

(a)

the person who would be liable to pay any such charge, except where paragraph (b) or (c) applies;

(b)

in a case where—

(i)

the authority would be meeting the needs of an adult under section 35 of SSW(W)A 2014, and

(ii)

the adult lacks capacity to arrange for the provision of care and support,

a person who is authorised under the Mental Capacity Act 2005 to arrange for such provision or is otherwise in a position to do so on the adult’s behalf;

(c)

in a case where the authority would be meeting the needs of a carer under section 40 of SSW(W)A 2014 and the person cared for by the carer (“P”)—

(i)

lacks capacity to decide whether to have the needs met by the provision of care and support to P, or

(ii)

where P is a disabled child aged under 16, does not have sufficient understanding to make an informed decision about having the needs met by the provision of care and support to P,

a relevant representative.

(4)

The following are relevant representatives for the purposes of sub-paragraph (3)(c)—

(a)

an authorised person within the meaning of section 41 of SSW(W)A 2014 (see subsection (15) of that section), and

(b)

in the case of a disabled child, a person with parental responsibility for the child.

(5)

In a case where the local authority would be meeting the needs of a carer under section 40 of SSW(W)A 2014 and the person cared for by the carer is a disabled child aged 16 or 17, the authority may disregard a request for the purposes of sub-paragraph (2)(b) if it is satisfied that it would not be in the disabled child’s best interests.

(6)

In a case where the local authority would be meeting the needs of a carer under section 40 of SSW(W)A 2014 and the person cared for by the carer is a disabled child aged under 16, the authority may disregard a request for the purposes of sub-paragraph (2)(b) if it is satisfied that it would not be consistent with the disabled child’s well-being.

29

In the case of any adult (including an adult who is a carer), a local authority does not have to comply with any duties imposed by regulations under section 57 of SSW(W)A 2014 (cases where a person expresses preference for particular accommodation).

Charging for meeting needs during emergency period

30 (1)

This paragraph applies where—

(a)

at any time during an emergency period, a local authority begins to meet needs under section 35 or 40 of SSW(W)A 2014,

(b)

at that time, the authority would have been entitled to impose a charge under section 59 of that Act for meeting any of those needs, but

(c)

the authority decided not to carry out an assessment under section 63(2) of that Act before beginning to meet those needs.

In this paragraph “emergency period” means a period for which paragraph 26 or (as the case may be) 27 has effect.

(2)

The local authority is not prevented by that decision from subsequently carrying out an assessment under section 63(2) of SSW(W)A 2014 (whether during or after the emergency period) and deciding to impose a charge for meeting those needs during that period; and nothing in that section is to be taken to prevent the authority from carrying out such an assessment, even though the authority has already begun to meet, or has met, those needs.

(3)

In so far as there is any charge for meeting any needs under section 35 of SSW(W)A 2014 during the emergency period, the fact that condition 3 in that section is not met at the time of the imposition of the charge does not affect anything already done under that section.

(4)

In so far as there is any charge for meeting any needs under section 40 of SSW(W)A 2014 during the emergency period, the fact that condition 3 in that section is not met at the time of the imposition of the charge does not affect anything already done under that section.

Care and support plans etc

31

In the case of any adult (including an adult who is a carer), a local authority does not have to comply with any duties imposed by—

(a)

section 54 of SSW(W)A 2014 (care and support plans and support plans), or

(b)

any regulations made under that section or section 55 of that Act.

Portability of care and support

32

In the case of an adult, a local authority does not have to comply with any duties imposed by section 56 of SSW(W)A 2014 (portability of care and support).

33 (1)

This paragraph applies where—

(a)

paragraph 32 has had effect for any period (“the emergency period”), and

(b)

the emergency period has ended.

(2)

Section 56 of SSW(W)A 2014 has effect in the case of an adult with the modifications in sub-paragraphs (3) to (5).

(3)

In subsection (1)—

(a)

the reference to a local authority being notified that a person is going to move to the area of another local authority includes, in the case of an adult who moved to the area of another local authority during the emergency period, a reference to being notified that the adult has moved to that area, and

(b)

where a local authority is notified that an adult has moved to the area of another local authority by virtue of paragraph (a), the reference to the authority being satisfied that the move is likely to happen is to be disregarded (and accordingly the requirement imposed by subsection (1)(a) does not apply).

(4)

In subsection (2)—

(a)

the reference to a local authority being notified that a person is going to move to the area of that authority includes, in the case of an adult who moved to the area of a local authority during the emergency period, a reference to that authority being notified that the adult has moved to that area, and

(b)

where a local authority is notified that an adult has moved to the authority’s area by virtue of paragraph (a), the reference to the authority being satisfied that the move is likely to happen is to be disregarded (and accordingly the requirement imposed by subsection (2)(a) does not apply).

(5)

The reference in subsection (3) to the day the person moves to the area of a local authority is, in the case of an adult who moved to the area of a local authority during the emergency period, to be read as a reference to the day on which that period ended.

Duties arising before commencement

34 (1)

(2)

In sub-paragraph (1)—

“the commencement day”, in relation to a provision of this Part of this Schedule, means—

(a)

the day on which that provision comes into force, or

(b)

where on any day the operation of the provision is revived by regulations under section 88(3), that day;

“relevant duty” means a duty under Parts 3 to 5 of SSW(W)A 2014.

Guidance

35 (1)

The Welsh Ministers may issue guidance about how local authorities are to exercise functions under Parts 2 to 5 of SSW(W)A 2014 in consequence of the provision made by this Part of this Schedule.

(2)

A local authority must have regard to any guidance issued under this paragraph.

(3)

A local authority must comply with such guidance issued under this paragraph as the Welsh Ministers direct.

(4)

The Welsh Ministers—

(a)

may from time to time revise any guidance issued under this paragraph;

(b)

may vary or revoke a direction made under sub-paragraph (3).

(5)

A local authority may disregard any provision of a code under section 145 of SSW(W)A 2014, so far as it is inconsistent with guidance issued under this paragraph.