Explanatory note

These Regulations set out the procedures to be followed when disputes arise between local authorities regarding a person’s ordinary residence under Part 1 of the Care Act 2014, or about the application of sections 37 (continuity of care and support – notification and assessment) or 48 (provider failure – temporary duty on local authority) of that Act. By virtue of section 117(4)(a) of the Mental Health Act 1983^f1, the procedures applying to disputes regarding a person’s ordinary residence under Part 1 of the Care Act 2014 also apply to disputes between local authorities about a person’s ordinary residence for the purposes of section 117 of the Mental Health Act.

Regulation 2 sets out which authority is responsible for meeting an individual’s needs until the dispute is resolved. Regulation 3 provides for the steps to be taken by local authorities to try to resolve the dispute prior to referring it for determination by the Secretary of State under section 40 of the Act. Regulation 4 sets out the documentation that is to be supplied by local authorities when making a referral. Regulations 5 and 6 set out slightly modified versions of these provisions for specific cases arising solely under section 48 of the Act. Regulation 7 provides for reimbursement between authorities when the effect of a revised determination is that sums paid under a previous determination were not owed.

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.