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Review of Statutory Duties

Unique ref
Department Theme Legislation Year Title of duty Function - What is it intended to achieved?
Number

Ordinary Residence Disputes (National Assistance Act 1948) To provide services to individuals pending the Responsibility for provision of services pending
Department of Directions 2010 outcome of an ordinary residence dispute determination of dispute.
Adult Social Care DH_068 1948
Health This duty is being considered by the Law Commission as
part of their review of Adult Social Care Law.
Community Care, Services for Carers and Children's Services To make direct payments in some cases. To extend the system of direct payments to include people
(Direct Payments) England Regs 2009 Power to make direct payments in other cases who lack the capacity to consent to the making of direct
payments and to remove the exclusions that currently apply
Department of
Adult Social Care DH_069 2009 to people who are subject to various provisions of mental
Health
health legislation
This duty is being considered by the Law Commission as
part of their review of Adult Social Care Law.
Local Authority Social Services and NHS Complaints Duties in relation to complaints made on or after Sets out how Local Authorities (and National Health Service
Department of
Adult Social Care DH_070 (England ) Regs 2009 2009 1st April 2009 in relation to social services organisations) should handle complaints
Health

Care Quality Commission (Registration Regulations) 2009 [SI Duty on local authority to provide Care Quality To provide Care Quality Commission with access to
Department of 2009/3112] regulation 10 Commission with explanation of a relevant matter information to inform the assessment of quality of care
Adult Social Care DH_071 2009
Health where so requested by Care Quality Commission provided to people who use services

Health and Social Care Act 2008 section 50 Power of Care Quality Commission (CQC) to Action by local authorities to ensure failing services are
serve notice on local authority where, following improved
review by CQC, CQC is of the view that the LA is
Department of
Adult Social Care DH_072 2008 failing to discharge adult social services duties to
Health
acceptable standard. Implies duty on LA to comply
with the requirements of such a notice

Health and Social Care Act 2008 section 53 Power of Care Quality Commission to give advice To support improvement of services - by ensuring Care
to local authority about any inquiry to be held by Quality Commission views are fed in
Department of
Adult Social Care DH_073 2008 the local authority into provision of adult social
Health
services -implied a duty on local authority to
consider/comply with such advice
Health and Social Care Act 2008 section 54 Power of Care Quality Commission to undertake Improvements to services for vulnerable people
studies designed to make recommendations for
improving the management of an English local
Department of
Adult Social Care DH_074 2008 authority of its provision of adult social services -
Health
implied duty on local authority to consider such
recommendations

Health and Social Care Act 2008 section 62 Power on Care Quality Commission to enter and To provide Care Quality Commission with access to
inspect inter alia any premises owned or premises to inform the assessment of quality of care
Department of controlled by local authority - section 63 provides provided to people who use services
Adult Social Care DH_075 2008
Health that it is an offence to obstruct such inspection -
so clear duty on local authority to cooperate

Health and Social Care Act 2008 Section 63 Supplementary provisions concerning right of To provide Care Quality Commission with access to
Department of
Adult Social Care DH_076 2008 entry and inspection provided for in section 2 - information and premises to inform the assessment of
Health
duty on local authority to cooperate quality of care provided to people who use services
Health and Social Care Act 2008 section 64 Power on Care Quality Commission to require To provide Care Quality Commission with access to
Department of
Adult Social Care DH_077 2008 documents and information from inter alia local information to inform the assessment of quality of care
Health
authority - failure to comply is offence provided to people who use services
Health and Social Care Act 2008 section 85 Power for Care Quality Commission to set fees Allows Care Quality Commission to recover costs of
Department of for, inter alia, local authorities to pay - fee regulating adult social care from providers - which ensures
Adult Social Care DH_078 2008
Health recoverable as civil debt if not paid fair playing field across public and private sectors

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Review of Statutory Duties

Unique ref
Department Theme Legislation Year Title of duty Function - What is it intended to achieved?
Number

NHS Act 2006 s.74 Supply of goods and services by the local Each local authority must make services available to each
authority NHS body acting in its area, so far as is reasonably
necessary and practicable to enable the NHS body to
discharge its functions under this Act. “Services” means the
Department of
Adult Social Care DH_079 2006 services of persons employed by the local authority for the
Health
purposes of its functions under the Local Authority Social
Services Act 1970 This
duty is being considered by the Law Commission as part of
their review of Adult Social Care Law.
NHS Act 2006 s.82 To cooperate with the National Health Service Co-operation between NHS bodies and local authorities
Department of
Adult Social Care DH_080 2006 This duty is being considered by the Law Commission as
Health
part of their review of Adult Social Care Law.
Community Care (Delayed Discharges etc) Act 2003 - section To carry out assessments and inform the National Duties of responsible authority following notice under
4 Health Service of decisions following receipt of a section 2 (Notice of patient's likely need for community care
Department of
Adult Social Care DH_081 2003 notice under section 2 of the Act services) This duty is being
Health
considered by the Law Commission as part of their review
of Adult Social Care Law.
Community Care (Delayed Discharges etc) Act 2003 - section To make delayed discharged payment in certain LAs making delayed discharge payments to the NHS
Department of
Adult Social Care DH_082 6 2003 circumstances This duty is being considered by the Law Commission as
Health
part of their review of Adult Social Care Law.
Delayed Discharges (England) Regs 2003 Contain details of the delayed discharges scheme LAs making delayed discharge payments to the NHS
Department of
Adult Social Care DH_083 2003 including prescribing the amount Local Authorities This duty is being considered by the Law Commission as
Health
are liable to pay part of their review of Adult Social Care Law.
Community Care (Delayed Discharges etc) Act (Qualifying Local Authorities to provide community equipment Require LAs to provide certain community care services
Department of Services) England) Regs 2003 (aids and minor adaptations) service for free of charge This duty is being
Adult Social Care DH_084 2003
Health intermediate care considered by the Law Commission as part of their review
of Adult Social Care Law.
Carers and Disabled Children Act 2000 s1 To assess carer's ability to provide care Right of carers to an assessment This duty is
Department of
Adult Social Care DH_085 2000 being considered by the Law Commission as part of their
Health
review of Adult Social Care Law.
Carers and Disabled Children Act 2000 s2 To decide whether to provide services to carer Services for carers This
Department of
Adult Social Care DH_086 2000 duty is being considered by the Law Commission as part of
Health
their review of Adult Social Care Law.
Carers and Disabled Children Act 2000 s6A To inform carers of right to assessment Assessments: persons with parental responsibility for
Department of disabled children This duty is being
Adult Social Care DH_087 2000
Health considered by the Law Commission as part of their review
of Adult Social Care Law.
Carers (Recognition and Services) Act 1995 s1 To assess carer's ability to provide care Assessment of ability of carers to provide care: England
Department of
Adult Social Care DH_088 1995 This duty is being considered by the Law Commission as
Health
part of their review of Adult Social Care Law.
National Assistance (Assessment of Resources) Assessment of resources for purposes of paying How the LA assessment has to look at income resources
Department of Regulations1992 residential accommodation charges under s22 treated as capital This duty is being
Adult Social Care DH_089 1992
Health NAA (National Assistance Act) considered by the Law Commission as part of their review
of Adult Social Care Law.
NHS and Community Care Act 1990 s.46 To prepare plans for community care services Local authority plans for community care services
Department of
Adult Social Care DH_090 1990 This duty is being considered by the Law Commission as
Health
part of their review of Adult Social Care Law.
NHS and Community Care Act 1990 s.47 To assess needs for community care services Assessment of need for community care services
Department of
Adult Social Care DH_091 1990 This duty is being considered by the Law Commission as
Health
part of their review of Adult Social Care Law.
Disabled Persons (Services, Consultation and To provide information and assistance to The rights of authorised representatives of disabled persons
Department of Representation) Act 1986 s2 representative of disabled person This duty is being considered by the Law Commission as
Adult Social Care DH_092 1986
Health part of their review of Adult Social Care Law.

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Review of Statutory Duties

Unique ref
Department Theme Legislation Year Title of duty Function - What is it intended to achieved?
Number

Disabled Persons (Services, Consultation and To give disabled person or their representative Assessment by LA of needs of disabled person
Department of
Adult Social Care DH_093 Representation) Act 1986 s3 1986 the opportunity to make representations when This duty is being considered by the Law Commission as
Health
needs are assessed part of their review of Adult Social Care Law.
Disabled Persons (Services, Consultation and To consider needs of disabled person under 1970 LA must consider needs of disabled people
Department of
Adult Social Care DH_094 Representation) Act 1986 s4 1986 Act on request This duty is being considered by the Law Commission as
Health
part of their review of Adult Social Care Law.
Disabled Persons (Services, Consultation and To assess needs of certain persons discharged LA to assess needs of certain persons discharged from
Department of Representation) Act 1986 s7 from hospital hospital This duty is being
Adult Social Care DH_095 1986
Health considered by the Law Commission as part of their review
of Adult Social Care Law.
Disabled Persons (Services, Consultation and To take into account abilities of carer To take into account abilities of carer This duty is
Department of
Adult Social Care DH_096 Representation) Act 1986 s8 1986 being considered by the Law Commission as part of their
Health
review of Adult Social Care Law.
Chronically Sick and Disabled Persons Act 1970 s.1 To inform itself of number of persons to whom Information as to need for welfare services This duty is
Department of
Adult Social Care DH_097 1970 s.29 of National Assistance Act applies being considered by the Law Commission as part of their
Health
review of Adult Social Care Law.
Chronically Sick and Disabled persons Act 1970 s.2 To provide welfare services in the exercise of Provision of welfare services
Department of
Adult Social Care DH_098 1970 functions under s.29 This duty is being considered by the Law Commission as
Health
part of their review of Adult Social Care Law.
Local Authority Social Services Act 1970 (LASSA) s. 7 To act under guidance of the Secretary of State LAs must secure prescribed early years provision free of
Department of charge This duty is being
Adult Social Care DH_099 1970
Health considered by the Law Commission as part of their review
of Adult Social Care Law.
National Assistance Act 1948 (NAA) s.21 To provide residential accommodation in some Local Authorities' to provide residential accommodation
Department of circumstances and power in others. (Determined This duty is being considered by the Law Commission as
Adult Social Care DH_100 1948
Health in accordance with approvals and directions) part of their review of Adult Social Care Law.

National Assistance Act 1948 s 22 To recover charges in respect of residential Allow Local Authorities' to charge for accommodation
Department of
Adult Social Care DH_101 1948 accommodation This duty is being considered by the Law Commission as
Health
part of their review of Adult Social Care Law.
National Assistance Act 1948 s.48 To temporarily protect property of persons in Local Authorities' have to provide temporary protection for
Department of hospital property of persons admitted to hospitals This
Adult Social Care DH_102 1948
Health duty is being considered by the Law Commission as part of
their review of Adult Social Care Law.
Local Authority Social Services Act 1970 (LASSA) s.7A To act in accordance with directions from the Local authorities to exercise social services functions under
Department of Secretary of State guidance of Secretary of State This duty is being
Adult Social Care DH_103 1948
Health considered by the Law Commission as part of their review
of Adult Social Care Law.
Mental Capacity Act 2005 and Mental Capacity Act 2005 The Local Authority must instruct an Independent Ensure that people who lack capacity and have nobody to
(Independent Mental Capacity Advocates) (General) Mental Capacity Act advocate (IMCA) under s.39 represent them in major life decisions about serious
Regulations 2006, Regulation 5 or 39A, C or D in certain circumstances. Where a medical treatment and where they live are represented. And
person is detained in a care home, the ensure that where a person's care and / or treatment can
supervisory body (SB) will be the LA (para 182 only be provided in circumstances that amount to a
Sch A1). The amendment to section 35 makes deprivation of liberty that is lawfully authorised
local authorities, instead of the Secretary of State,
Department of
Adult Social Care DH_104 2005 responsible for making arrangements to enable
Health independent mental capacity advocates to
represent and support specified persons. The
amendment to Schedule A1 removes references
to Primary Care Trusts and Strategic Health
Authorities and inserts references to a local
authority as the supervisory body if the relevant
person is ordinarily resident in England

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