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1 April, 2020 Open access

Suspension of requirement for local authorities in England to comply with duties to assess and meet care needs

New statutory instrument

New regulations have been issued that commence provisions in the Coronavirus Act 2020 (the Act) to suspend local authorities’ duties to assess and meet care needs in England during the COVID-19 outbreak.

In force from 31 March 2020, the Coronavirus Act 2020 (Commencement No. 2) Regulations 2020 (SI.No.388/2020) bring section 15 of, and Part 1 of Schedule 12 to, the Act into force so that local authorities in England do not have to comply with certain duties in relation to meeting needs and carrying out assessments under the Care Act 2014, (the Care Act) and to modify duties to meet needs under the Care Act, until such time as regulations are in force under section 88 of the Act (power to suspend and revive provisions of the Act), or the Act is no longer in force.

NB - the government has also issued Care Act easements: guidance for local authorities that sets out how local authorities can -

'... use the new easements .... to ensure the best possible care for people in our society during this exceptional period.'

SI.No.388/2020 is available from