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Community Care

Volume 462: debated on Tuesday 10 July 2007

To ask the Secretary of State for Health (1) what measures are in place to ensure that recipients of domiciliary care commissioned by a local authority have continuity of care protected during a change in care provider; (146599)

(2) what redress is open to clients in receipt of domiciliary care commissioned by a local authority in circumstances where they have had their carer withdrawn by the local authority without provision for alternative support services being made.

[holding answer 29 June 2007]: Local authorities are responsible for assessing the care needs of their populations and providing or arranging care services to meet those needs. It is for local authorities to ensure that people's assessed needs are met on a day to day basis, regardless of how services are delivered. Local authorities are responsible for setting the criteria that determine people's eligibility for care. They do so based on local need and may also take into account their resources.

A person receiving domiciliary care services arranged by a local authority will receive such services, following the process of assessment of their need for such a service carried out by the authority, under section 47 of the National Health Service and Community Care Act 1990, taking into account relevant directions and guidance from the Secretary of State.

Changes may be made by the local authority to the services received following a reassessment under section 47 and an authority may temporarily provide urgently needed services without an assessment, pending the completion of an assessment.

People who have services withdrawn (or their representatives) are entitled to make use of the local authority social services complaints procedure. Procedures for handling complaints about the provision of domiciliary care services are set out in the Local Authority Social Services Complaints (England) Regulations (S.I.2006/1681). Information on how to make a complaint is available from local authority offices.