# The Care and Support (Cross-border Placements and Business Failure: Temporary Duty) (Dispute Resolution) Regulations 2014, Note: Explanatory note (This note is not part of the Regulations) Schedule 1 to the Care Act 2014 (“the Act”) makes provision to ensure that where a local authority in England, Wales or Scotland, or a Health and Social Care trust in Northern Ireland (“an HSC trust”) places an adult in residential accommodation in another of those territories, in general, this does not result in the transfer of that authority’s responsibility for that adult. The relevant provisions are to be found in paragraphs 1 to 4 of Schedule 1. Sections 48 to 52 of the Act impose duties on local authorities in England and Wales, and on HSC trusts, to meet needs of individuals in circumstances where registered providers of care are unable to carry on because of business failure. These Regulations make further provision in relation to the resolution of disputes between authorities about the application of paragraphs 1 to 4 of Schedule 1, or of sections 48 to 51 of the Act (save for disputes between English local authorities about the application of section 48 which are not dealt with in these Regulations). Regulation 2 sets out who is to determine disputes. The effect of this is that where the adult or carer in question (“the relevant person”) is living (or, in a case where the adult is homeless, is physically present) in the same territory as that in which an authority which is party to a dispute is situated, the dispute is to be determined by the Responsible Person in relation to that authority. In other cases, regulation 2(6) provides for the relevant Responsible Persons (i.e. persons who are Responsible Persons in relation to the authorities in dispute) to agree between themselves as to who is to determine the dispute. The Responsible Person in relation to an authority is: in relation to a local authority in England, the Secretary of State, in relation to a local authority in Wales, the Welsh Ministers, in relation to a local authority in Scotland, the Scottish Ministers and in relation to an HSC trust, the Department of Health, Social Services and Public Safety in Northern Ireland. Regulation 3 sets out who the “lead authority” is for the purposes of duties imposed on such an authority under the Regulations. The lead authority is the authority in whose area the relevant person is living (or physically present) as at the date on which the dispute arises. Regulation 4 imposes duties to be discharged by Responsible Persons upon receipt of a referral of a dispute. This includes a duty to consult other persons who are Responsible Persons in relation to the authorities in dispute when determining the dispute and to send on a referral to the appropriate Responsible Person where this has not been sent to the correct Responsible Person. Regulation 5 sets out duties on authorities in dispute in relation to the meeting of needs until a dispute is determined. This includes a requirement, in the case of certain disputes, for the authority in whose area the person is living (or physically present) to meet an adult’s needs for accommodation in circumstances where no authority is meeting such needs as at the date on which the dispute arises. This does not affect the liability of that authority or any other authority for meeting those needs. Regulation 6 sets out steps which authorities in dispute have to take before referring a dispute for determination. Regulation 7 requires the lead authority to send a copy of the referral of a dispute to relevant Responsible Persons and sets out what must or may be included with a referral. The documents to be included are a letter from the lead authority, a statement of facts and copies of relevant correspondence. The authorities may also submit supporting legal arguments. Where a dispute solely concerns the recovery of costs or a duty to co-operate, regulation 7 omits the requirement to submit certain information and, in the case of a dispute solely concerning the recovery of costs, includes a requirement to submit information concerning the costs being sought to be recovered. Regulation 8 sets out a duty to refer disputes if they cannot be resolved within a specified time. Regulation 9 makes transitory provision in respect of the period before Part 4 of the Social Services and Well-being (Wales) Act 2014 is commenced. 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 careactconsultation@dh.gsi.gov.uk or Department of Health, Richmond House, 79 Whitehall, London SW1A 2NS and is available online at https://www.gov.uk/government/organisations/department-of-health. --- Source: https://www.legislation.gov.uk/uksi/2014/2843/note (the official version) Page: https://openlegislation.uk/care-and-support-cross-border-placements-and-business-failure-temporary-duty-dispute-resolution-regulations-2014/note Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.