Consultation Analysis Report - Care Act 2014 Cross-border Placement and Provider Failure regulations

Annex 1

Cross-border placements

People in residential care may wish to move to a different territory of the UK from that in which they reside, for example, to be near their friends and family. The Act sets out certain principles which seek to support the notion of residential care placements by ensuring that, generally, where a local authority (or equivalent in Northern Ireland) places someone in residential care cross-border within the UK, it does not result in transfer of the authority's responsibility for the individual concerned.

The draft Care and Support (Cross-border Placements and Provider Failure: Temporary Duty) (Dispute Resolution) Regulations 2014, cover: Process for resolution of cross-border disputes that may arise between authorities about the general principles of non-transfer of responsibility; Process for resolution of cross-border disputes that may arise between authorities in relation to temporary duties to meet needs in the provider failure context.

Questions for consultation

1. Do the regulations provide for an effective dispute resolution procedure?

Provider Failure

The Act also requires the Regulations to define the meaning of "business failure". This has been done by referencing different types of insolvency in the Regulations e.g. the appointment of an administrator. These insolvency 'situations' will act as a trigger for local authorities in England and Wales, and equivalent in Northern Ireland to temporarily meet care and support needs where insolvency causes a care provider to become unable to do so.

Questions for consultation

1. We invite views on the approach to defining business failure by reference to insolvency situations.

2. We also invite views on the insolvency situations listed, e.g. are they appropriate and clear. Should other situations be covered