Councils’ duties on care services defined

Rules clarifying which local authority takes responsibility for
people needing community care services have been proposed by the
executive.

Changing the legislation to avoid “unnecessary disputes between
authorities” was suggested by the executive in a consultation
document on a planned amendment to the Social Work Scotland Act
1968.

Existing legislation is considered unclear in defining
responsibility for out-of-area placements and does not deal with
people placed in settings other than care homes.

The executive favours making the local authority that assesses a
person living in its area responsible, regardless of where that
person is placed. Only if the person moved to another area without
the involvement of the assessing council would they become the
responsibility of the second authority.

A separate consultation is planned on updating the guidance on
how to identify a person’s place of ordinary residence.

• Consultation at www.scotland.gov.uk