I was wondering if you could kindly help with this.
P was OR in area X. Previously detained under qualifying section, so subject to s117. P moved from area X to area Y by own volition. P was discharged by the community mental health team in area X to the care of a GP in area Y (P was not discharged from s117 by the local authority and mental heath team/ICB in area X). Local authority X had previously completed a Care Act assessment and continued to support P when he moved to local authority Y viz by Direct Payment.
P later returned to area X. Few months later, he moved to another area-Q. He stayed with a friend for a while prior to moving to council accommodation in area Q. He has decided to continue to reside in area Q. He as mental capacity to decide where to live.
- Am I right in thinking Deeming provisions doesn’t apply?
- As per R (on the application of Worcestershire County Council) (Appellant) v Secretary of State for Health and Social Care (Respondent) UKSC 31; s117 responsibility stays with the local authority X and ICB. Correct?
- Is P entitled to a Care Act assessment in area Q if P or local authority X requested?
- If P has Care Act eligible needs (rather than s117 needs), which LA is responsible? X or Q?
Any thoughts or references would be appreciated.
Many thanks in anticipation
Peter , New Social Worker