The Care and Support and After-care (Choice of Accommodation) Regulations 2014
| Jurisdiction | UK Non-devolved |
| Citation | SI 2014/2670 |
| Year | 2014 |
2014No. 2670
MENTAL HEALTH, ENGLAND
SOCIAL CARE, ENGLAND
The Care and Support and After-care (Choice of Accommodation) Regulations 2014
22ndOctober2014
30thOctober2014
The Secretary of State makes these Regulations in exercise of the powers conferred by section 117A(1), (2) and (4) of the Mental Health Act 1983( 1) and sections 30(1) and (2) and 125(7) and (8) of the Care Act 2014( 2).
Citation, commencement and interpretation
1. (1) These Regulations may be cited as the Care and Support and After-care (Choice of Accommodation) Regulations 2014.
(2) These Regulations come into force as follows-
(a) for the purposes of a case to which regulation 4(1)(a) applies, immediately after section 75(6) of the Care Act 2014 comes fully into force( 3); and(b) for all other purposes, immediately after section 30 of the Care Act 2014 comes fully into force( 4).(3) In these Regulations-
"the 1983 Act" means the Mental Health Act 1983;
"the Act" means the Care Act 2014;
"personal care" means-
(a) physical assistance given to a person in connection with-(i) eating or drinking (including the administration of parenteral nutrition),(ii) toileting (including in relation to the process of menstruation),(iii) washing or bathing,(iv) dressing,(v) oral care,(vi) the care of skin, hair and nails (with the exception of nail care provided by a chiropodist or podiatrist); or(b) the prompting, together with supervision, of a person in relation to the performance of any of the activities listed in paragraph (a), where that person is unable to make a decision for themselves in relation to performing the activity without such prompting or supervision;"preferred accommodation" means the accommodation for which the person for whom it is to be provided expresses a preference in accordance with-
(a) in a case to which regulation 4 applies, regulation 4(1)(b);(b) in any other case, regulation 2(1)(b).Choice of accommodation
2. (1) Where-
(a) a local authority( 5) is going to meet needs under sections 18 to 20 of the Act by providing or arranging for the provision of accommodation of a specified type in England;(b) the adult( 6) for whom the accommodation is to be provided expresses a preference for particular accommodation (identifiable by reference to its address or provider) of a specified type; and(c) the conditions in regulation 3 are met,the local authority must provide or arrange for the provision of the preferred accommodation in accordance with these Regulations.
(2) The specified types of accommodation are-
(a) care home accommodation (see regulation 6);(b) shared lives scheme accommodation (see regulation 7); or(c) supported living accommodation (see regulation 8).Conditions for provision of preferred accommodation
3. (1) The following conditions must be met for the provision of preferred accommodation under regulation 2-
(a) the care and support plan( 7) for the adult specifies that the adult's needs are going to be met by the provision of accommodation of a specified type;(b) the preferred accommodation is of the same type as that specified in the adult's care and support plan;(c) the preferred accommodation is suitable to the adult's needs;(d) the preferred accommodation is available; and(e) where the preferred accommodation is not provided by the local authority, the provider of the accommodation agrees to provide the accommodation to the adult on the local authority's terms.(2) If the cost to the local authority of providing or arranging for the provision of the preferred accommodation is greater than the amount specified in the adult's personal budget( 8) that relates to the provision of accommodation of that type, the additional cost condition in regulation 5 must also be met( 9).
Application to after-care
4. (1) Where-
(a) a local authority is, in discharging its duty under section 117(2) of the 1983 Act, providing or arranging for the provision of accommodation in England for a person;(b) the person expresses a preference for particular accommodation (identifiable by reference to its address or provider); and(c) the conditions in paragraph (2) are met,the local authority must provide or arrange for the provision of the preferred accommodation in accordance with these Regulations.
(2) The...
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