Social Care (Local Sufficiency) and Identification of Carers Bill (HC Bill 10)

1 Duty to ensure sufficient social care support

(1) It shall be the general duty of every local authority to take steps to ensure that,
so far as reasonably practicable, a range and level of social care services are
provided sufficient to meet the reasonable requirements of disabled people
5and carers who are ordinarily resident in their area.

(2) In discharging its duty under subsection (1), a local authority must have regard
to any guidance given from time to time by the Secretary of State.

2 Duty to ensure sufficient social care to promote and support work for
disabled adults and carers

10For the purpose principally of facilitating the discharge of their general duty
under section 1 every local authority shall be under a specific duty to secure,
so far as reasonably practicable, the provision of social care services sufficient
to meet the reasonable requirements of all people aged 18 or over with a
disability and carers who require such support to enable them to—

(a) 15take up, or remain in, work, or

(b) undertake education or training which could reasonably be expected to
assist them to obtain work.

3 Duty to assess social care provision

(1) In determining for the purposes of sections 1 and 2 whether the provision of
social care support is sufficient, a local authority must—

(a) undertake an assessment of social care needs of disabled people and
5carers in their area;

(b) undertake an assessment of the sufficiency of the supply of social care
services for disabled people and carers in their area;

(c) publish a strategy setting out the steps to ensuring sufficiency of supply
of social care services for disabled people and carers in their area;

(d) 10have regard to any guidance given from time to time by the Secretary
of State.

(2) In relation to subsections (1)(a) and (b), the Secretary of State may by
regulations define the assessments of social care needs and sufficiency of
supply of social care services.

4 15Health promotion of carers

(1) In exercising their functions health bodies shall—

(a) promote and safeguard the health and well-being of carers;

(b) ensure that effective procedures exist to identify patients who are or are
about to become carers;

(c) 20ensure that appropriate systems exist to ensure that carers receive
appropriate information and advice; and

(d) ensure that systems are in place to ensure that the relevant general
medical services are rendered to their patients who are carers.

(2) In relation to subsections (1)(b) and (c), the Secretary of State may by
25regulations further provide for the strategies to be developed.

5 Local authorities: duties with respect to young carers

(1) A local authority must ensure that, within 12 months of the passing of this Act,
it takes all reasonable steps to ensure that in relation to—

(a) any school within its area and under its control, and

(b) 30any functions it discharges in pursuance of its responsibilities as a
children’s services authority,

there is in place a policy that both identifies young carers and makes
arrangements for the provision of support for pupils who are young carers.

(2) In discharging its duty under subsection (1), a local authority must have regard
35to any guidance given from time to time by the Secretary of State.

6 Further and higher Education: duties with respect to student carers

(1) The responsible body of an institution to which this section applies must
identify or make arrangements to identify student carers and have a policy in
place on providing support for student carers.

(2) 40This section applies to—

(a) a university;

(b) any other institution within the higher education sector;

(c) an institution within the further education sector.

(3) A responsible body is—

(a) in the case of an institution in subsection (2)(a) or (b), the governing
body;

(b) in the case of a college of further education under the management of a
5board of management, the board of management;

(c) in the case of any other college of further education, any board of
governors of the college or any person responsible for the management
of the college, whether or not formally constituted as a governing body
or board of governors.

7 10Financial provision

There shall be paid out of money provided by Parliament any increase attributable to
this Act in the sums payable out of money so provided by virtue of any other Act.

8 Interpretation

(1) In this Act—

• 15“carer” has the same meaning as in section 1 of the Carers (Recognition
  and Services) Act 1995;

• “young carer” means a person under 18 years of age who carries out
  caring tasks and assumes a level of responsibility for another person
  which would normally be carried out by an adult;

• 20“children’s services” means services that could be provided under section
  17(1) of the Children Act 1989;

• “community care services” has the same meaning as in section 46(3) of the
  National Health Service and Community Care Act 1990;

• “disability” has the same meaning as in section 6 of the Equality Act 2010;

• 25“general medical services” has the same meaning as in the National
  Health Service Act 2006;

• “health bodies” includes—

  (a)

  “Clinical Commissioning Groups”, which have the same
  meaning as in section 1I of the National Health Service Act 2006;

  (b)

  30“Foundation Trusts”, which have the same meaning as in
  section 30 of the National Health Service Act 2006;

  (c)

  “NHS Trusts”, which have the same meaning as in section 25 of
  the National Health Service Act 2006; and

  (d)

  “the NHS Commissioning Board”, which has the same meaning
  35as in section 1H of the National Health Service Act 2006;

• “higher education” and “further education” have the same meanings as in
  section 94 of the Equality Act 2010;

• “local authority” means a county council, district council, London
  borough council, the Greater London Authority or the Common
  40Council of the City of London;

• “regulations” means regulations made by statutory instrument by the
  Secretary of State;

• “social care services” means any support that could be provided by a local
  authority in discharge of its functions under the Local Authority Social
  45Services Act 1970 or pursuant to its powers under section 2 of the Local
  Government Act 2000.

(2) Regulations made under this Act by statutory instrument may make different
provision for different cases and may include such supplementary, incidental,
consequential and transitional provisions and savings as the Secretary of State
thinks fit.

(3) 5Regulations made under subsection (2) are subject to annulment in pursuance
of a resolution of either House of Parliament.

9 Amendments to the Local Authority Social Services Act 1970

In Schedule 1 to the Local Authority Social Services Act 1970 (social services
functions) at the end there shall be inserted—

10 Short title, commencement and extent

(1) 25This Act may be cited as the Social Care (Local Sufficiency) and Identification
of Carers Act 2012.

(2) This Act comes into force at the end of the period of 2 months beginning with
the day on which it is passed.

(3) This Act extends to England only.