Councils’ duties on care services defined

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

    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

    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.


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