COVID-19: new Coronavirus Bill 2020 suspends most Care Act obligations

March 19th, 2020 by Jonathan Auburn

The new Coronavirus Bill 2020 effectively suspends most local authority social care obligations. The key points as regards adult social care are as follows.

Section 14 gives effect to Schedule 11, which suspends the following provisions of the Care Act –
– s.9 duty to assess the individual’s needs;
– s.10 duty to assess a carer’s needs;
– s.13 duty to determine eligibility;
– s.17 duty to assess financial resources;
– ss.24-27 care planning duties;
– ss.37-38 duties relating to people moving areas; and
– ss.58-64 duties concerning child carers.

As to the duty to make provision to meet care needs, that is now limited to meeting needs only to the extent necessary to avoid a breach of Convention rights.

The Bill also affects other related areas.
– Section 5 and Schedule 4 make provision for the emergency registration of further social workers.
– Section 9 and Schedule 7 make changes to mental health and mental health legislative provisions. This includes that applications by AMHPs now need be supported by only one medical recommendation, not two.

The Bill effectively suspends most assessment, decision-making and planning duties in adult social care, and greatly reduces the duty to provide for social care.

We will be discussing the impact of these far-reaching provisions in the coming days.

Jonathan Auburn

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