What now for deprivations of liberty?
What will the effect of the postponement of the Liberty Protections Safeguards be on local authorities? Local Government Lawyer asked 50 adult social care lawyers for their views on the potential consequences.
SPOTLIGHT |
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:
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)