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Understanding housing’s legal obligations Tim Spencer-Lane

Understanding housing’s legal obligations Tim Spencer-Lane. Capita conferences: Housing’s role in safeguarding vulnerable adults 23 February 2015. Safeguarding law for housing providers. Care Act well-being duty. Care Act general duties. Care Act safeguarding enquiries.

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Understanding housing’s legal obligations Tim Spencer-Lane

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  1. Understanding housing’s legal obligationsTim Spencer-Lane Capita conferences: Housing’s role in safeguarding vulnerable adults 23 February 2015

  2. Safeguarding law for housing providers

  3. Care Act well-being duty

  4. Care Act general duties

  5. Care Act safeguarding enquiries

  6. Extension of choice of accommodation rules to care homes, shared lives and supported living Extension of direct payments to residential care? Ordinary residence deeming principle applied to care homes, shared lives and supported living Duty to enter into a deferred payment agreement Market oversight and provider failure duties Rights to independent advocacy Right to request direct payments Other Care Act housing reforms

  7. Adult Social Care Project Law Commission review of DoLS A new scheme for best interests deprivations of liberty based in the MCA

  8. Timetable for the Review

  9. The Acid Test P v Cheshire West & Chester Council, P & Q v Surrey CC [2014] UKSC 19

  10. Issues for housing providers • Should the new scheme apply to supported living and domestic settings? • How effecting are housing workers at spotting deprivation of liberty? • How responsive are supervisory bodies to referrals and conditions? • Is over-sight needed over other forms of restrictive care? Joint duty on health and social services to provide after-care services for people discharged from compulsory detention in psychiatric hospital under section 3, 37, 45A, 47 or 48

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