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Care Act 2014

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This is the original version (as it was originally enacted).

6Co-operating generally

This section has no associated Explanatory Notes

(1)A local authority must co-operate with each of its relevant partners, and each relevant partner must co-operate with the authority, in the exercise of—

(a)their respective functions relating to adults with needs for care and support,

(b)their respective functions relating to carers, and

(c)functions of theirs the exercise of which is relevant to functions referred to in paragraph (a) or (b).

(2)A local authority must co-operate, in the exercise of its functions under this Part, with such other persons as it considers appropriate who exercise functions, or are engaged in activities, in the authority’s area relating to adults with needs for care and support or relating to carers.

(3)The following are examples of persons with whom a local authority may consider it appropriate to co-operate for the purposes of subsection (2)

(a)a person who provides services to meet adults’ needs for care and support, services to meet carers’ needs for support or services, facilities or resources of the kind referred to in section 2(1);

(b)a person who provides primary medical services, primary dental services, primary ophthalmic services, pharmaceutical services or local pharmaceutical services under the National Health Service Act 2006;

(c)a person in whom a hospital in England is vested which is not a health service hospital as defined by that Act;

(d)a private registered provider of social housing.

(4)A local authority must make arrangements for ensuring co-operation between—

(a)the officers of the authority who exercise the authority’s functions relating to adults with needs for care and support or its functions relating to carers,

(b)the officers of the authority who exercise the authority’s functions relating to housing (in so far as the exercise of those functions is relevant to functions referred to in paragraph (a)),

(c)the Director of Children’s Services at the authority (in so far as the exercise of functions by that officer is relevant to the functions referred to in paragraph (a)), and

(d)the authority’s director of public health (see section 73A of the National Health Service Act 2006).

(5)The references in subsections (1) and (4)(a) to a local authority’s functions include a reference to the authority’s functions under sections 58 to 65 (transition for children with needs etc.).

(6)The duties under subsections (1) to (4) are to be performed for the following purposes in particular—

(a)promoting the well-being of adults with needs for care and support and of carers in the authority’s area,

(b)improving the quality of care and support for adults and support for carers provided in the authority’s area (including the outcomes that are achieved from such provision),

(c)smoothing the transition to the system provided for by this Part for persons in relation to whom functions under sections 58 to 65 are exercisable,

(d)protecting adults with needs for care and support who are experiencing, or are at risk of, abuse or neglect, and

(e)identifying lessons to be learned from cases where adults with needs for care and support have experienced serious abuse or neglect and applying those lessons to future cases.

(7)Each of the following is a relevant partner of a local authority—

(a)where the authority is a county council for an area for which there are district councils, each district council;

(b)any local authority, or district council for an area in England for which there is a county council, with which the authority agrees it would be appropriate to co-operate under this section;

(c)each NHS body in the authority’s area;

(d)the Minister of the Crown exercising functions in relation to social security, employment and training, so far as those functions are exercisable in relation to England;

(e)the chief officer of police for a police area the whole or part of which is in the authority’s area;

(f)the Minister of the Crown exercising functions in relation to prisons, so far as those functions are exercisable in relation to England;

(g)a relevant provider of probation services in the authority’s area;

(h)such person, or a person of such description, as regulations may specify.

(8)The reference to an NHS body in a local authority’s area is a reference to—

(a)the National Health Service Commissioning Board, so far as its functions are exercisable in relation to the authority’s area,

(b)a clinical commissioning group the whole or part of whose area is in the authority’s area, or

(c)an NHS trust or NHS foundation trust which provides services in the authority’s area.

(9)“Prison” has the same meaning as in the Prison Act 1952 (see section 53(1) of that Act).

(10)“Relevant provider of probation services” has the meaning given by section 325 of the Criminal Justice Act 2003.

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