Government issues guidance on adult social care intervention in local authorities in England

The Department for Health and Social Care has published an operational framework intended to provide information to local authorities in England on the Government’s approach to statutory intervention in adult social care.

New powers of intervention were introduced through the Health and Care Act 2022.

These powers enable the Secretary of State for Health and Social Care to intervene where they are satisfied that local authorities have failed or are failing to discharge Care Act 2014 functions to an acceptable standard.

“We expect these powers are likely to be used in the most serious cases – for example, where a serious and persistent risk to people’s safety has been identified, and other forms of support are insufficient to drive improvement,” the guidance says.

Unlike interventions in children’s social services, there is no power to set up independent trusts.

The framework is aimed at directors of adult social services, chief executives and elected members of local authorities.

The guidance, which can be viewed here, covers:

• Background and aims of the framework
• Intervention powers
• The process
• Improvement support
• Statutory intervention

Since 1 April this year, the Care Quality Commission (CQC) has been under a duty to independently review and assess the performance of local authorities in delivering their adult social care functions, as set out under Part 1 of the Care Act 2014.

“These assessments will provide a greater understanding of practice and provision at local level, making it easier to see what is working well or not, and make good practice, positive outcomes and outstanding quality easier to spot and share nationally,” the guidance says.

CQC will also be under a duty to inform the Secretary of State for Health and Social Care if it considers an authority is failing to discharge its functions and to recommend any special measures it considers the Secretary of State should take.