Skip to content

Department of Health

Care Act 2014: How should local authorities deliver the care and support reforms? Please give us your views


Cross-border placements

People in care homes may wish to move to a different territory of the UK from that in which they reside, for example, to be near their friends and family. The Act sets out certain principles which seek to support the notion of residential care placements by ensuring that, generally, where a local authority, or equivalent in Northern Ireland, places someone in a care home cross-border within the UK, it does not result in transfer of the authority’s responsibility for the individual concerned.

The draft guidance on cross-border placements covers:

  • principles which apply to cross-border residential placements
  • steps to take when making a cross-border care home placement
  • how to manage disputes between authorities

The draft Care and Support (Cross-border Placements and Business Failure: Temporary Duty) (Dispute Resolution) Regulations 2014 , cover:

  • process for resolution of cross-border disputes that may arise between authorities about the general principles of non-transfer of responsibility
  • process for resolution of cross-border disputes that may arise between authorities in relation to temporary duties to meet needs in the provider failure context

Question 75: Do the regulations provide for an effective dispute resolution procedure?

Read: guidance on cross-border placements The Care and Support (Cross-border Placements and Business Failure: Temporary Duty) (Dispute Resolution) Regulations 2014 Back to cross-border placements

Question 76: In particular, in setting out the process for local authorities to follow when making a cross-border residential care placement, are there any gaps or ommissions in the guidance in terms of key issues that need to be addressed before a placement can successfully take place?

Read: guidance on cross-border placements The Care and Support (Cross-border Placements and Business Failure: Temporary Duty) (Dispute Resolution) Regulations 2014 Back to cross-border placements

Question 77: With regard to the arrangements for managing a placement once it has commenced, can you envisage issues other than those identified? Specifically, what are these and how should they be addressed?

Read: guidance on cross-border placements The Care and Support (Cross-border Placements and Business Failure: Temporary Duty) (Dispute Resolution) Regulations 2014 Back to cross-border placements

Question 78: Would it be helpful for the guidance to be supplemented by best practice guidance? If so, what issues and scenarios will it be important for best practice guidance on these placements to cover?

Read: guidance on cross-border placements The Care and Support (Cross-border Placements and Business Failure: Temporary Duty) (Dispute Resolution) Regulations 2014 Back to cross-border placements

Your comment...

Only your name and your comment will be published, the other information you supply here will not be published. Required fields are marked* but it would be very helpful if you could provide the other information requested.

Please note that comments left here are public - you can also make a private submission.

Your email address will not be published. Name, email address and comment are required fields. Please note our moderation policy.

What best describes you or the people you represent?