The problems affect Local Authorities carrying out assessments and meeting the cost of those packages of care. Some are net importers and some exporters. Providers find it difficult to help people with moves between services or areas. But by far the greatest difficulty is that faced by the person with a disability themselves facing obstacles to moving when they need to. They Enact Conveyancing Sydney cannot move to a new area until they have the agreement of the receiving authority to provide the care package and can find it extremely hard to persuade a receiving authority to carry out a care assessment before they move into the area.
Section 21 deals with placement in the authorities own homes, Section 26 with purchasing service in the independent sector). Section 24 says a person who is placed in residential care, shall be deemed to be ordinarily resident in the area in which he was ordinarily resident immediately before the residential accommodation was provided. Precious trading standards resources will be used to deal with rogue traders, rather than being required to investigate more fully all such cases.
So generally the placing authority is and remains responsible for residential care placements. Local Authority Circular LAC (93) 7 reinforces this saying the placing authority will normally retain for that person the same responsibility that it has for someone living in its own area. Although the 1948 Act refers to residential accommodation, with the growth of Supported Housing, registered group homes and more diverse ways of providing care and support it has been accepted in some court decisions that the 1948 Act applies equally to these more modern arrangements so that the placing authority remains responsible whether or not the placement is in a registered care home.
The Social Services Ordinary Residence guidance LAC93(7), however, deals primarily with residential care arranged out of area. It does not deal with Supported Housing and domiciliary care outside of the LA area. Can a Social Services Department (SSD) as part of their care management responsibilities arrange accommodation and support outside their area? This may be for reasons of the choice of the person concerned. It may be that the only suitable accommodation is in an adjacent authority area. It may be for reasons of the cost or quality of the service. In terms of ordinary residence, the person is now a resident of the authority covering their new home and would have to cover the cost of another’s care package. If allowed there is a perverse incentive for a SSD to seek accommodation in an adjacent authority’s area.