Devon County Council

OUT OF AREA RESPONSIBILITY

South West Region LAs Protocol (excluding Bournemouth) 4.7.07

Introduction

The responsibility of a particular authority to provide accommodation for a service user outside its own area is governed by Section 24 of the National Assistance Act 1948 and the Local Authority Circular (93)7.  These state that where a person is provided with residential accommodation by an authority (‘ the placing authority’) outside their area he/she shall be deemed to continue to be ordinarily resident in that placing authority’s area unless subsequently, by private arrangement, the person moves.  This guidance aims to assist authorities in those circumstances where people are moving between authorities and there is potential for disagreement on the interpretation of the statute and circular and requires authorities to discuss individual arrangements with each other before people move to their new homes.

This guidance does not apply to self funders or adult placement schemes or where a local authority has responsibility for a person because they are a person with no settled residence or are in urgent need of residential accommodation.

Guidance

1.   Where accommodation is provided by an authority under Section 21 of the National Assistance Act in another authority’s area then the placing authority should continue to be responsible for the service user in the following circumstances

   a)   where the placing authority has made a residential or nursing care registered placement.

   b)   where a service user remains in a establishment where they were placed by a placing authority when it was a registered care home and it is now a supported living scheme and the authority is making a contribution towards the housing costs of the service user living in that scheme.

  c)   where an authority places a service user in and out of area residential care home and the person moves to a supported living placement and requires contributions towards the costs of housing but the service user has not either chosen to move or does not have the capacity to choose to move.

  d)   Where the situation is the same as c above but the service user meets their own housing costs but needs additional services

  e)   Where the situation is the same as c above but the service user does have capacity to choose to move.

2.   The authority in which a person is present will consider taking over responsibility for a service user from a placing authority where

  a)   a service user has capacity to choose and has chosen evidenced by written note from the service user, or if appropriate by an individual advocate or  family carer to move into a supported living scheme in another area or remain in that area and move from residential care to a supported living scheme in that area and is responsible for his/her own housing costs thereby making it a private arrangement

3.   In cases such as 2 above the originating authority, before it arranges accommodation or arranges any move to alternative accommodation within the area of another authority must adopt the process below

  a)   the individual’s potential move must be notified to the appropriate adult community care/social services team in the area they are moving to.  If there is a potential dispute regarding the responsibility for that service user the originating authority will fund the package for the first three months on the understanding that the new area will assess during that period and responsibility will be then agreed with a view to then reaching agreement between the 2 authorities regarding responsibility. If agreement cannot be reached after 3 months the matter will be referred to the authority’s respective legal departments and, if necessary, referred to the Secretary of State for a formal determination within 9 months of the initial notification.   If the new authority agrees that it should be responsible for that service user then they will repay the originating authority the cost of the services back to the date of the move.  Any such arrangements should be confirmed in writing.

  b)   Where a support package is exceptionally expensive a longer handover period may be agreed on an individual basis and as above in the case of a dispute the originating authority will continue to fund.  There is a duty on both sides to seek resolution as soon as possible and at least within 9 months of the initial contact.

  c)   In addition authorities are required to notify each other as soon as possible for there are changes pending that have potential financial impact.  (eg. a reduction in supporting people funding).

4.   This guidance will be reviewed in January 2009 to establish its impact in terms of equity of outcome on participating authorities.  

Ref:\CTY/SS/LS3/2

15/03/07