Care Bill (HC Bill 168)

Part 1 Care and support

General responsibilities of local authorities

1 Promoting individual well-being

(1) 5The general duty of a local authority, in exercising a function under this Part in
the case of an individual, is to promote that individual’s well-being.

(2) “Well-being”, in relation to an individual, means that individual’s well-being
so far as relating to any of the following—

(a) personal dignity (including treatment of the individual with respect);

(b) 10physical and mental health and emotional well-being;

(c) protection from abuse and neglect;

(d) control by the individual over day-to-day life (including over care and
support, or support, provided to the individual and the way in which
it is provided);

(e) participation in work, education, training or recreation;

(f) social and economic well-being;

(g) domestic, family and personal relationships;

(h) suitability of living accommodation;

(i) 5the individual’s contribution to society.

(3) In exercising a function under this Part in the case of an individual, a local
authority must have regard to the following matters in particular—

(a) the importance of beginning with the assumption that the individual is
best-placed to judge the individual’s well-being;

(b) 10the individual’s views, wishes, feelings and beliefs;

(c) the importance of preventing or delaying the development of needs for
care and support or needs for support and the importance of reducing
needs of either kind that already exist;

(d) the need to ensure that decisions about the individual are made having
15regard to all the individual’s circumstances (and are not based only on
the individual’s age or appearance or any condition of the individual’s
or aspect of the individual’s behaviour which might lead others to
make unjustified assumptions about the individual’s well-being);

(e) the importance of the individual participating as fully as possible in
20decisions relating to the exercise of the function concerned and being
provided with the information and support necessary to enable the
individual to participate;

(f) the importance of achieving a balance between the individual’s well-
being and that of any friends or relatives who are involved in caring for
25the individual;

(g) the need to protect people from abuse and neglect;

(h) the need to ensure that any restriction on the individual’s rights or
freedom of action that is involved in the exercise of the function is kept
to the minimum necessary for achieving the purpose for which the
30function is being exercised.

(4) “Local authority” means—

(a) a county council in England,

(b) a district council for an area in England for which there is no county
council,

(c) 35a London borough council, or

(d) the Common Council of the City of London.

2 Preventing needs for care and support

(1) A local authority must provide or arrange for the provision of services,
facilities or resources, or take other steps, which it considers will—

(a) 40contribute towards preventing or delaying the development by adults
in its area of needs for care and support;

(b) contribute towards preventing or delaying the development by carers
in its area of needs for support;

(c) reduce the needs for care and support of adults in its area;

(d) 45reduce the needs for support of carers in its area.

(2) In performing that duty, a local authority must have regard to—

(a) the importance of identifying services, facilities and resources already
available in the authority’s area and the extent to which the authority
could involve or make use of them in performing that duty;

(b) the importance of identifying adults in the authority’s area with needs
5for care and support which are not being met (by the authority or
otherwise);

(c) the importance of identifying carers in the authority’s area with needs
for support which are not being met (by the authority or otherwise).

(3) Regulations may—

(a) 10permit a local authority to make a charge for providing or arranging for
the provision of services, facilities or resources, or for taking other
steps, under this section;

(b) prohibit a local authority from making a charge it would otherwise be
permitted to make by virtue of paragraph (a).

(4) 15The regulations may in particular (in reliance on section 123(6)) make
provision by reference to services, facilities or resources which—

(a) are of a specified type;

(b) are provided in specified circumstances;

(c) are provided to an adult of a specified description;

(d) 20are provided for a specified period only.

(5) A charge under the regulations may cover only the cost that the local authority
incurs in providing or arranging for the provision of the service, facility or
resource or for taking the other step.

(6) In cases where a local authority performs the duty under subsection (1) jointly
25with one or more other local authorities in relation to the authorities’ combined
area—

(a) references in this section to a local authority are to be read as references
to the authorities acting jointly, and

(b) references in this section to a local authority’s area are to be read as
30references to the combined area.

(7) Sections 21 (exception for persons subject to immigration control), 22
(exception for provision of health services) and 23 (exception for provision of
housing etc.) apply in relation to the duty under subsection (1), but with the
modifications set out in those sections.

(8) 35“Adult” means a person aged 18 or over.

3 Promoting integration of care and support with health services etc.

(1) A local authority must exercise its functions under this Part with a view to
ensuring the integration of care and support provision with health provision
and health-related provision where it considers that this would—

(a) 40promote the well-being of adults in its area with needs for care and
support and the well-being of carers in its area,

(b) contribute to the prevention or delay of the development by adults in
its area of needs for care and support or the development by carers in
its area of needs for support, or

(c) 45improve the quality of care and support for adults, and of support for
carers, provided in its area (including the outcomes that are achieved
from such provision).

(2) “Care and support provision” means—

(a) provision to meet adults’ needs for care and support,

(b) provision to meet carers’ needs for support, and

(c) provision of services, facilities or resources, or the taking of other steps,
5under section 2.

(3) “Health provision” means provision of health services as part of the health
service.

(4) “Health-related provision” means provision of services which may have an
effect on the health of individuals but which are not—

(a) 10health services provided as part of the health service, or

(b) services provided in the exercise of social services functions (as defined
by section 1A of the Local Authority Social Services Act 1970).

(5) For the purposes of this section, the provision of housing is health-related
provision.

(6) 15In section 13N of the National Health Service Act 2006 (duty of NHS
Commissioning Board to promote integration), at the end insert—

“(5) For the purposes of this section, the provision of housing
accommodation is a health-related service.”

(7) In section 14Z1 of that Act (duty of clinical commissioning groups to promote
20integration), at the end insert—

“(4) For the purposes of this section, the provision of housing
accommodation is a health-related service.”

4 Providing information and advice

(1) A local authority must establish and maintain a service for providing people in
25its area with information and advice relating to care and support for adults and
support for carers.

(2) The service must provide information and advice on the following matters in
particular—

(a) the system provided for by this Part and how the system operates in the
30authority’s area,

(b) the choice of types of care and support, and the choice of providers,
available to those who are in the authority’s area,

(c) how to access the care and support that is available,

(d) how to access independent financial advice on matters relevant to the
35meeting of needs for care and support, and

(e) how to raise concerns about the safety or well-being of an adult who
has needs for care and support.

(3) In providing information and advice under this section, a local authority must
in particular—

(a) 40have regard to the importance of identifying adults in the authority’s
area who would be likely to benefit from financial advice on matters
relevant to the meeting of needs for care and support, and

(b) seek to ensure that what it provides is sufficient to enable adults—

(i) to identify matters that are or might be relevant to their personal
financial position that could be affected by the system provided
for by this Part,

(ii) to make plans for meeting needs for care and support that might
5arise, and

(iii) to understand the different ways in which they may access
independent financial advice on matters relevant to the meeting
of needs for care and support.

(4) Information and advice provided under this section must be accessible to, and
10proportionate to the needs of, those for whom it is being provided.

(5) “Independent financial advice” means financial advice provided by a person
who is independent of the local authority in question.

(6) In cases where a local authority performs the duty under subsection (1) jointly
with one or more other local authorities by establishing and maintaining a
15service for their combined area—

(a) references in this section to a local authority are to be read as references
to the authorities acting jointly, and

(b) references in this section to a local authority’s area are to be read as
references to the combined area.

5 20Promoting diversity and quality in provision of services

(1) A local authority must promote the efficient and effective operation of a market
in services for meeting care and support needs with a view to ensuring that any
person in its area wishing to access services in the market—

(a) has a variety of providers to choose from who (taken together) provide
25a variety of services;

(b) has a variety of high quality services to choose from;

(c) has sufficient information to make an informed decision about how to
meet the needs in question.

(2) In performing that duty, a local authority must have regard to the following
30matters in particular—

(a) the need to ensure that the authority has, and makes available,
information about the providers of services for meeting care and
support needs and the types of services they provide;

(b) the need to ensure that it is aware of current and likely future demand
35for such services and to consider how providers might meet that
demand;

(c) the importance of enabling adults with needs for care and support, and
carers with needs for support, who wish to do so to participate in work,
education or training;

(d) 40the importance of ensuring the sustainability of the market (in
circumstances where it is operating effectively as well as in
circumstances where it is not);

(e) the importance of fostering continuous improvement in the quality of
such services and the efficiency and effectiveness with which such
45services are provided and of encouraging innovation in their provision;

(f) the importance of fostering a workforce whose members are able to
ensure the delivery of high quality services (because, for example, they
have relevant skills and appropriate working conditions).

(3) In having regard to the matters mentioned in subsection (2)(b), a local
authority must also have regard to the need to ensure that sufficient services
are available for meeting the needs for care and support of adults in its area and
the needs for support of carers in its area.

(4) 5In arranging for the provision by persons other than it of services for meeting
care and support needs, a local authority must have regard to the importance
of promoting the well-being of adults in its area with needs for care and
support and the well-being of carers in its area.

(5) In meeting an adult’s needs for care and support or a carer’s needs for support,
10a local authority must have regard to its duty under subsection (1).

(6) In cases where a local authority performs the duty under subsection (1) jointly
with one or more other local authorities in relation to persons who are in the
authorities’ combined area—

(a) references in this section to a local authority are to be read as references
15to the authorities acting jointly, and

(b) references in this section to a local authority’s area are to be read as
references to the combined area.

(7) “Services for meeting care and support needs” means—

(a) services for meeting adults’ needs for care and support, and

(b) 20services for meeting carers’ needs for support.

(8) The references in subsection (7) to services for meeting needs include a
reference to services, facilities or resources the purpose of which is to
contribute towards preventing or delaying the development of those needs.

6 Co-operating generally

(1) 25A local authority must co-operate with each of its relevant partners, and each
relevant partner must co-operate with the authority, in the exercise of—

(a) their respective functions relating to adults with needs for care and
support,

(b) their respective functions relating to carers, and

(c) 30functions of theirs the exercise of which is relevant to functions referred
to in paragraph (a) or (b).

(2) A local authority must co-operate, in the exercise of its functions under this
Part, with such other persons as it considers appropriate who exercise
functions, or are engaged in activities, in the authority’s area relating to adults
35with needs for care and support or relating to carers.

(3) The following are examples of persons with whom a local authority may
consider it appropriate to co-operate for the purposes of subsection (2)—

(a) a person who provides services to meet adults’ needs for care and
support, services to meet carers’ needs for support or services, facilities
40or resources of the kind referred to in section 2(1);

(b) a person who provides primary medical services, primary dental
services, primary ophthalmic services, pharmaceutical services or local
pharmaceutical services under the National Health Service Act 2006;

(c) a person in whom a hospital in England is vested which is not a health
45service hospital as defined by that Act;

(d) a private registered provider of social housing.

(4) A local authority must make arrangements for ensuring co-operation
between—

(a) the officers of the authority who exercise the authority’s functions
relating to adults with needs for care and support or its functions
5relating to carers,

(b) the officers of the authority who exercise the authority’s functions
relating to housing (in so far as the exercise of those functions is
relevant to functions referred to in paragraph (a)),

(c) the Director of Children’s Services at the authority (in so far as the
10exercise of functions by that officer is relevant to the functions referred
to in paragraph (a)), and

(d) the authority’s director of public health (see section 73A of the National
Health Service Act 2006).

(5) The references in subsections (1) and (4)(a) to a local authority’s functions
15include a reference to the authority’s functions under sections 58 to 65
(transition for children with needs etc.).

(6) The duties under subsections (1) to (4) are to be performed for the following
purposes in particular—

(a) promoting the well-being of adults with needs for care and support and
20of carers in the authority’s area,

(b) improving the quality of care and support for adults and support for
carers provided in the authority’s area (including the outcomes that are
achieved from such provision),

(c) smoothing the transition to the system provided for by this Part for
25persons in relation to whom functions under sections 58 to 65 are
exercisable,

(d) protecting adults with needs for care and support who are
experiencing, or are at risk of, abuse or neglect, and

(e) identifying lessons to be learned from cases where adults with needs
30for care and support have experienced serious abuse or neglect and
applying those lessons to future cases.

(7) Each of the following is a relevant partner of a local authority—

(a) where the authority is a county council for an area for which there are
district councils, each district council;

(b) 35any local authority, or district council for an area in England for which
there is a county council, with which the authority agrees it would be
appropriate to co-operate under this section;

(c) each NHS body in the authority’s area;

(d) the Minister of the Crown exercising functions in relation to social
40security, employment and training, so far as those functions are
exercisable in relation to England;

(e) the chief officer of police for a police area the whole or part of which is
in the authority’s area;

(f) the Minister of the Crown exercising functions in relation to prisons, so
45far as those functions are exercisable in relation to England;

(g) a relevant provider of probation services in the authority’s area;

(h) such person, or a person of such description, as regulations may
specify.

(8) The reference to an NHS body in a local authority’s area is a reference to—

(a) the National Health Service Commissioning Board, so far as its
functions are exercisable in relation to the authority’s area,

(b) a clinical commissioning group the whole or part of whose area is in the
authority’s area, or

(c) 5an NHS trust or NHS foundation trust which provides services in the
authority’s area.

(9) “Prison” has the same meaning as in the Prison Act 1952 (see section 53(1) of
that Act).

(10) “Relevant provider of probation services” has the meaning given by section 325
10of the Criminal Justice Act 2003.

7 Co-operating in specific cases

(1) Where a local authority requests the co-operation of a relevant partner, or of a
local authority which is not one of its relevant partners, in the exercise of a
function under this Part in the case of an individual with needs for care and
15support or in the case of a carer, a carer of a child or a young carer, the partner
or authority must comply with the request unless it considers that doing so—

(a) would be incompatible with its own duties, or

(b) would otherwise have an adverse effect on the exercise of its functions.

(2) Where a relevant partner of a local authority, or a local authority which is not
20one of its relevant partners, requests the co-operation of the local authority in
its exercise of a function in the case of an individual with needs for care and
support or in the case of a carer, a carer of a child or a young carer, the local
authority must comply with the request unless it considers that doing so—

(a) would be incompatible with its own duties, or

(b) 25would otherwise have an adverse effect on the exercise of its functions.

(3) A person who decides not to comply with a request under subsection (1) or (2)
must give the person who made the request written reasons for the decision.

(4) “Relevant partner”, in relation to a local authority, has the same meaning as in
section 6.

(5) 30“Carer of a child” means a person who is a carer for the purposes of section 60.

Meeting needs for care etc.

8 How to meet needs

(1) The following are examples of what may be provided to meet needs under
sections 18 to 20—

(a) 35accommodation in a care home or in premises of some other type;

(b) care and support at home or in the community;

(c) counselling and other types of social work;

(d) goods and facilities;

(e) information, advice and advocacy.

(2) 40The following are examples of the ways in which a local authority may meet
needs under sections 18 to 20—

(a) by arranging for a person other than it to provide a service;

(b) by itself providing a service;

(c) by making direct payments.

(3) “Care home” has the meaning given by section 3 of the Care Standards Act
2000.

5Assessing needs

9 Assessment of an adult’s needs for care and support

(1) Where it appears to a local authority that an adult may have needs for care and
support, the authority must assess—

(a) whether the adult does have needs for care and support, and

(b) 10if the adult does, what those needs are.

(2) An assessment under subsection (1) is referred to in this Part as a “needs
assessment”.

(3) The duty to carry out a needs assessment applies regardless of the authority’s
view of—

(a) 15the level of the adult’s needs for care and support, or

(b) the level of the adult’s financial resources.

(4) A needs assessment must include an assessment of—

(a) the impact of the adult’s needs for care and support on the matters
specified in section 1(2),

(b) 20the outcomes that the adult wishes to achieve in day-to-day life, and

(c) whether, and if so to what extent, the provision of care and support
could contribute to the achievement of those outcomes.

(5) A local authority, in carrying out a needs assessment, must involve—

(a) the adult,

(b) 25any carer that the adult has, and

(c) any person whom the adult asks the authority to involve or, where the
adult lacks capacity to ask the authority to do that, any person who
appears to the authority to be interested in the adult’s welfare.

(6) When carrying out a needs assessment, a local authority must also consider—

(a) 30whether, and if so to what extent, matters other than the provision of
care and support could contribute to the achievement of the outcomes
that the adult wishes to achieve in day-to-day life, and

(b) whether the adult would benefit from the provision of anything under
section 2 or 4 or of anything which might be available in the
35community.

(7) This section is subject to section 11(1) to (4) (refusal by adult of assessment).

10 Assessment of a carer’s needs for support

(1) Where it appears to a local authority that a carer may have needs for support
(whether currently or in the future), the authority must assess—

(a) 40whether the carer does have needs for support (or is likely to do so in
the future), and

(b) if the carer does, what those needs are (or are likely to be in the future).