SCHEDULES

F1SCHEDULE AA1Deprivation of liberty: authorisation of arrangements enabling care and treatment

Annotations:
Amendments (Textual)
F1

Sch. AA1 inserted (16.5.2019 for specified purposes) by Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 1

Part 1Introductory and interpretation

9Responsible body

1

In paragraph 6(1)(b), “responsible local authority”, in relation to a cared-for person aged 18 or over, means—

a

if there is an Education, Health and Care plan for the cared-for person, the local authority responsible for maintaining that plan;

b

if paragraph (a) does not apply and the cared-for person has needs for care and support which are being met under Part 1 of the Care Act 2014, the local authority meeting those needs;

c

in any other case, the local authority determined in accordance with sub-paragraph (4).

2

If more than one local authority is meeting the needs of a cared-for person for care and support under Part 1 of the Care Act 2014 the responsible local authority is the local authority for the area in which the cared-for person is ordinarily resident for the purposes of that Part of that Act.

3

In paragraph 6(1)(b), “responsible local authority”, in relation to a cared-for person aged 16 or 17, means—

a

if there is an Education, Health and Care plan for the cared-for person, the local authority responsible for maintaining that plan;

b

if paragraph (a) does not apply and the cared-for person is being provided with accommodation under section 20 of the Children Act 1989, the local authority providing that accommodation;

c

if neither paragraph (a) nor paragraph (b) applies and the cared-for person is subject to a care order under section 31 of the Children Act 1989 or an interim care order under section 38 of that Act, and a local authority in England is responsible under the order for the care of the cared-for person, that local authority;

d

if none of paragraphs (a) to (c) applies, the local authority determined in accordance with sub-paragraph (4).

4

In the cases mentioned in sub-paragraphs (1)(c) and (3)(d), the “responsible local authority” is the local authority for the area in which the independent hospital mentioned in paragraph 6(1)(b) is situated.

5

If an independent hospital is situated in the areas of two or more local authorities, it is to be regarded for the purposes of sub-paragraph (4) as situated in whichever of the areas the greater (or greatest) part of the hospital is situated.