Changes to Adult Social Care in England and Wales - Latest.
The Coronavirus Bill has been passed through the House of Commons and will introduce key changes to the responsibilities of Health services Local Authorities in relation to both the Mental Health Act (1983) and the Care Act 2014.
The legislation is temporary by design and is envisaged to be available for 2 years to bring relief to workforce decimated by staff shortages.
The Care Act 2014
In England, aside from the proposed changes to the Mental Health Act noted in our article, the bill suspends the duty of Local Authorities in England to assess the needs for adults, carers and disabled children in transitions (and their carers and young carers). Council’s will no longer have to assess for eligibility and will also no longer need to complete financial assessments.
The duty to meet eligible needs currently under s.18 (1) of the Care Act 2014 is changed to only meet eligible need in cases where a failure to do so would result in a breach of the adults human rights.
Social Services and Well Being (Wales) Act 2014
In Wales, changes to the Social Services and Well Being (Wales) Act 2014 have temporarily suspended local authority requirements in regarding to assessment of adults and their carers.
Local Authorities remain under an obligation to meet the needs of adults for care and support that meet the eligibility criteria
The provision requires a local authority to meet an adult’s needs for care and support if the local authority considers it necessary to meet the needs in order to protect the adult from abuse or neglect or a risk of abuse or neglect also remains
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