Suspension of requirement for local authorities in Scotland 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 Scotland during the COVID-19 outbreak.

The Coronavirus Act 2020 (Commencement No. 1) (Scotland) Regulations 2020 (SSI.No.121/2020) bring section 16 and section 17 of the Act into force from 5 April 2020, that include provision for -

• local authorities in Scotland to no longer comply with specified statutory provisions - including in relation to adult care needs assessments, self-directed support principles, and carer support plan requirements for adults and young people - in circumstances where it would either not be practical to comply with those provisions, or where to do so would cause unnecessary delay in providing services, support, advice, guidance and assistance;
• the granting of power to Scottish Ministers to issue guidance to local authorities, to which they must have regard and may be required to comply, about the exercise of their functions under the specified statutory provisions in relation to duties to meet and assess care needs in consequence of section 16 of the Act; and
• preventing local authorities from recovering charges under section 87 of the Social Work (Scotland) Act 1968 in certain circumstances.

SSI.No.121/2020 is available from legislation.gov.uk