Explanatory note
(This note is not part of the Regulations)
Under Part 1 of the Care Act 2014 (“the Act”) a local authority may meet care and support needs by providing accommodation, for example in a care home. Regulations under section 30 of the Act may provide that where an adult’s needs are to be met by the provision of specified types of accommodation, and the adult has expressed a preference for particular accommodation of that type, the local authority must meet the adult’s preference, provided that specified conditions are met. These Regulations make such provision.
Regulations 2, 6, 7 and 8 of these Regulations specify the types of accommodation to which the obligation to meet the adult’s preference applies.
Regulation 3 specifies the conditions which must apply in order for the local authority to be required to meet the adult’s preference for accommodation.
Regulation 4 requires a local authority, which in discharging its duty to provide or arrange for the provision of mental health after-care under section 117 of the Mental Health Act 1983, is providing or arranging for the provision of a specified type of accommodation to an adult, to provide or for arrange the provision of the adult’s preferred accommodation of that type, if specified conditions are met.
Regulation 5 sets out the “additional cost condition”. Where the cost of an adult’s preferred accommodation is more than the amount specified for the accommodation in the adult’s personal budget (under section 26 of the Act), the local authority is not required to provide that accommodation unless the additional cost condition is met.
Regulation 9 provides that a local authority must give written reasons for a refusal to provide preferred accommodation.
A separate impact assessment has not been prepared for these Regulations. These Regulations are part of a package of legislative measures and the relevant impact assessment can be requested via [email protected] or from the Department of Health, Richmond House, 79 Whitehall, London SW1A 2NS and is available online at https://www.gov.uk/government/organisations/department-of-health .