Social care ’easements’

In a sign of how quickly things are changing, we’ve been told the following.

Middlesbrough has ceased to operate under easements. We have received a new notification from Derbyshire County Council. LAs operating under easements are:
 
• Sunderland City Council
• Warwickshire
• Staffordshire County Council
• Birmingham City Council
• Solihull Council
• Derbyshire County Council

Further, my social care specialist David has drafted a briefing on the easements and related issues affecting social care services. See the attached for latest version but be aware, we’re updating about twice a week as things change or new news comes up.

Now Hertfordshire Council saying they haven’t triggered easements…

https://twitter.com/IainMacBeath/status/1253269124106649600

Looks like the Law Society Gazette has now removed its story ...

Local authorities operating Care Act easements were confirmed by Lord Bethell (Department of Health and Social Care Parliamentary Under-Secretary of State) yesterday in House of Lords debate on social care -

I confirm to the noble Baronesses, Lady Wheeler and Lady Grey-Thompson, that we have received notification that six authorities are operating under the Care Act easement and that I thoroughly support the publication of the details. Those authorities are Sunderland City Council, Middlesbrough Council, Warwickshire County Council, Staffordshire County Council, Birmingham City Council and Solihull Metropolitan Borough Council.

Aha ... and now the Gazette is reporting that there’s six too:

https://www.lawgazette.co.uk/news/councils-move-to-ditch-adult-social-care-duties/5104011.article

Interesting article in Community Care about the local authorities that have enacted the easements and a link to the CQC website which has a list.

Community Care reporting that -

Derbyshire council is facing legal action over its decision to suspend significant duties under the Care Act 2014 as part of its response to coronavirus.

The council has been given until Monday (11 May) to respond to a letter from solicitors to provide evidence justifying its decision, or face a judicial review claim.

Council faces legal challenge for suspending Care Act duties

Community Care reporting that just two local authorities - Derbyshire and Solihull - are now left suspending Care Act duties.

Update:

There is no council left suspending duties under the Care Act 2014, after Solihull returned to full compliance with the legislation.

The West Midlands authority said on its site last week that it had ceased using the so-called Care Act easements, which allow authorities to suspend duties to carry out needs and financial assessments, develop or review care plans and to meet needs, unless not doing so would be a human rights breach.

More: https://www.communitycare.co.uk/2020/07/06/council-left-suspending-care-act-duties/