Part 1 of the Care Act and local authorities

The Government has published regulations and guidance addressing the obligations councils will have under Part 1 of the Care Act 2014. Judith Barnes, Susan Thompson and Rosalind Ashcroft report.

The Government has started an extensive consultation on the Regulations and statutory guidance to be made under Part 1 of the Care Act 2014, which sets out a new framework of local authority duties in relation to social care.

The Act came onto the statute books on 14 May 2014, but much of the detail about its impact on local authorities and individuals will be set out in these Regulations. The consultation indicates that the great majority of the Part 1 framework will come into effect in April 2015, less than a year from now.

The consultation documents can be accessed here:  

Issue

The consultation comprises:

1. Draft/consultation versions of 21 sets of Regulations to be made under Part 1 of the Care Act, including Regulations relating to assessment of needs, the eligibility criteria for support in meeting needs, assessment of financial resources and charging for care, deferred payments, direct payments and personal budgets. Click here for a full list of the draft Regulations published and the proposed implementation dates;
2. In the case of the Regulations on eligibility, this is the second round of consultation. As with the first draft, the consultation document says that the second draft of the Regulations is not intended to significantly decrease or increase the number of people for whom local authorities' social care duties are potentially triggered, i.e. the eligibility threshold is meant to equate to the current threshold of substantial needs. However revisions have been made to the draft Regulations to ensure they relate more closely to intended outcomes for patients, in line with the Act's overall emphasis on outcomes and individual wellbeing;
3. Draft statutory guidance on the Care Act, covering the duties under Part 1 and replacing existing statutory guidance on key areas such as choice of accommodation and financial assessment. This guidance will be issued under section 78 of the Care Act, which replaces the existing duties on local authorities under sections 7 & 7A of the Local Authority Social Services Act 1970 to act under the general guidance and directions of the Secretary of State. It will therefore have significant influence on interpretation of the duties under the Act and provides a clear guide to the government's view on the impact of the new framework.

The consultation is open until 15 August 2014. The final versions of most of the Regulations and guidance are expected to be issued in October 2014, ready for implementation in April 2015 (in most cases).  

Market perspective
For further information about the Care Act and comment on its impact, please see our earlier article: The Care Act 2014: key points for local authorities.

Our view
This is a final opportunity for local authorities to influence the government's approach to key aspects of the new framework, and of course gives pointers as to the steps authorities need to be taking to prepare for the Act coming fully into force.

With most provisions to be implemented in April 2014, less than a year from now, it is important that decisions being taken now on commissioning and operational management reflect an understanding of the long term position when the Act and the Regulations are in force.

Judith Barnes and Susan Thompson are partners and Rosalind Ashcroft is an associate at DAC Beachcroft. Judith can be reached on 0113 251 4712 or This email address is being protected from spambots. You need JavaScript enabled to view it..

The Care Act Timetable (click on image to open in PDF format and scroll down)