If need be, I will come back to the noble Lord with all the details because it is indeed a very complex area. There are a number of government amendments, as the noble Lord, Lord Hunt, pointed out, and these seek to address some of the issues that have arisen in trying to make sure that everything works as smoothly as possible. It would probably be most appropriate to write in detail to the noble Lord and for him to see and stress-test what is happening. I remind the noble Lord that these regulations will be subject to consultation and laid before Parliament.
I now move on to the government amendments that the noble Lord, Lord Hunt, referred to. Obviously, this is a complex area. Amendment 92ZZAFB is required to clarify the ordinary residence situation of a person who has an independent personal budget. The local authority where the person is ordinarily resident is responsible for preparing the person’s independent personal budget and keeping the care account. This amendment makes clear that if such a person is in residential care and moves to the area of a different local authority, they will be able to become ordinarily resident in that new area.
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Amendments 92ZZAGA to 92ZZAGK relate to cross-border placements. Amendment 92ZZAGA is needed to ensure that the prohibition on English local authorities providing NHS care in England in Clause 22
of the Bill is mirrored when the English local authority places someone in residential accommodation across the border. This amendment makes clear that this prohibition applies in such cases, to avoid any doubt. The amendment also mirrors the regulation-making power in Clause 22(6), to require the English local authority to be involved, as necessary, in processes for assessing a person’s health needs, which would be led by the relevant NHS body.
Amendment 92ZZAGH amends the Social Work (Scotland) Act 1968 so that a local authority in Scotland can recover from a health and social care trust in Northern Ireland any expenditure it incurs in the provision of accommodation or services under Part II of that Act for a person ordinarily resident in the area of the trust, in the same way as is already the case if it incurs expenditure for the same reasons for a person who is ordinarily resident in England or Wales. It also amends the 1968 Act so that if there is any overlap between the dispute resolution mechanism in that Act and the procedure in Schedule 1 to the Bill, the provisions in the Bill will prevail.
Amendments 92ZZAGB to 92ZZAGG and 92ZZAGJ and 92ZZAGK ensure that the provisions of Schedule 1 apply to all residential placements made by Welsh local authorities. Paragraph 2(1) of the Schedule currently applies only to placements to be made by Welsh authorities under Clause 21 of the Social Services and Well-being (Wales) Bill once it is enacted. This amendment, which has been agreed by our counterparts in the Welsh Government, ensures that it also applies to placements to be made under Clause 22 of that Bill. It will prevent the possibility that Welsh authorities could place individuals in accommodation in England under Clause 22, and then cease to have responsibility for the individuals’ care.
The government amendments to Schedule 1—92AB to 92AL, 92AM to 92AX, 92AZA to 92AZE, 105W, 106A, 106B, 106C and 108—deal with cases of provider failure in relation to cross-border placements. Under Clause 47, local authorities in England are required to step in temporarily and meet the needs of people whose provider has failed in their geographic area. This means that the responsibility to ensure continuity of care falls on the local authority most able to meet needs, not necessarily the same local authority who made the arrangements with the failed provider to meet the needs of the adult. In fulfilling this duty, a local authority must co-operate with any local authority that made arrangements with the failed provider. It will be able to recoup costs from that authority.
We are committed to ensuring that people receive these protections throughout the United Kingdom. We have therefore worked with the Administrations in Wales, Northern Ireland and Scotland to ensure four-way reciprocity. I am pleased to bring forward amendments that give effect to the consensus reached. In order to replace Clause 48 and make these changes, noble Lords will note that my noble friend Lord Howe has given notice of his intention to oppose the Motion that Clause 48 stand part of the Bill.
Finally, I turn to Amendment 92ZZAFA of the noble Lord, Lord Low. Clause 38 is intended to have effect only if an adult is receiving care and support in a
residential setting. The intention behind it is to ensure that if a local authority makes such a placement in accommodation in the area of another authority, the original authority remains responsible for funding the person’s care. We understand the noble Lord’s desire to clarify the types of accommodation relevant to this clause. The intention is to specify in regulations the responsibility for out-of-area placements in settings other than care homes. As he said, local authorities can currently fall into dispute over such placements, and the regulations should resolve this problem. I reassure him that the Government will consult on the regulations referred to in this clause.
The noble Lord was concerned about the effect of such disputes. I point out that the Government have issued extensive guidance and statutory directions to assist local authorities in making decisions about ordinary residence. Unfortunately there will be occasions when two or more authorities do not agree on where a person should be considered ordinarily resident. The statutory directions make clear that all genuine disputes must be referred to the Secretary of State within four months, so that there is no excuse for authorities deliberately to stall the process in order to postpone meeting their financial responsibility.
The noble Lord has flagged some useful elements. He was explicitly addressing regulations in much of what he said. It is extremely useful to hear from him. I can reassure him that we are extending the settings to which ordinary residence is deemed to apply beyond care homes alone. We shall consult on how best to ensure the regulations are comprehensive and flexible enough to deal with future changes in the provision of healthcare and support. I am sure that his comments will be noted. I thank him and other noble Lords for their contributions. As ever, we have had a very well informed debate. I hope that I have reassured noble Lords and that they will feel able not to press their amendments.