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Changes to the Care and Support Statutory Guidance

As of 10th March 2016 a number of amendments and additions have been made to the Care and Support guidance. Somewhat bizarrely, the amended guidance appears in web form but no amended version of the available PDF has been produced. Beware of citing the old, un-amended guidance. The LGA has created a helpful table explaining the amendments. Some of the more substantive amendments relate to Safeguarding, including making clear that a section 42 enquiry is not appropriate where the individual is failing to care for themselves (as opposed to suffering abuse or neglect by a third party).  There are also amendments relating to ordinary residence.  

It is welcome that the revised guidance makes clear that the right to independent living forms part of the well-being principle (1.19):

The wellbeing principle is intended to cover the key components of independent living, as expressed in the UN Convention on the Rights of People with Disabilities (in particular, Article 19 of the Convention). Supporting people to live as independently as possible, for as long as possible, is a guiding principle of the Care Act.

Tags

communitycare, community care & health