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Local Authorities relaxing powers amid Covid-19

Alarmingly, five out of the seven local authorities which have chosen to enact the Care Act 2014 easements granted by the Coronavirus Act 2020 are based in the midlands. Birmingham City Council, Coventry City Council, Solihull Council, Staffordshire County Council and Warwickshire County Council are five of the seven local authorities nationally who have opted to trigger the easements in their respective areas. During these unprecedented times, the British government have granted councils the choice to decide whether to use the relaxed powers granted by the Coronavirus Act 2020. These measures were implemented to assist local authorities with managing the pressures caused by COVID-19.

But, what does this mean for our local area?

Enacting the care act easements removes the obligation on local authorities to conduct the following:-

  • Detailed assessment of an individual’s care and support needs;
  • Financial assessment(s). Note, local authorities are able to charge individual retrospectively for the care and support they have received during this period;
  • Review individual’s care and support plans; and
  • Meet a person’s eligible needs for care and support or support needs of a carer unless failure to do so would breach an individual’s human right.

This is not to say, that the above cannot be completed in the current pandemic. Local authorities must have regard to the guidance set out by the Department of Health and Social Care in making decisions as well as the Ethical Framework for adult social care practice. It must be emphasised that Local Authorities cannot use these relaxed measures as a blanket approach to all individuals. It is paramount that local authorities only enact these easements when it is not possible to adhere to the duties under the Care Act 2014.

If you are worried about what consequential impact this may have for you, a loved one or a relative, please contact the Health and Community Care Team here at Moore & Tibbits Solicitors on -01926 354704 or email:



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