The following list reflects all the known mechanisms currently operated in local authorities for dealing with the impossible task of discharging the absolute statutory duty to meet eligible needs, from within the finite resources allocated to the residential care budget holder by most local authorities’ Members. After each, we have suggested the reasons for our […]
Bearing in mind the fundamental purpose of the contract being to meet the needs of the residents, termination because of a dispute should be a last resort. But home owners won’t want to contract unless there are ways out for them if it becomes impossible to run their businesses at a reasonable profit, or intolerable
Originally, the law in England and Wales was that if A and B make a contract for the benefit of C, and then A or B does something wrong, C could not sue on the contract for any damages, because C was not a party to the contract. This was called the rule of Privity
The scope these days for meeting needs through contractual arrangements may seem like a good option for authorities because it means that their in-house provider arm need not be so specialist or so comprehensive. However, contracting with the private or voluntary sector for all social care or all residential care, does have its drawbacks, in
In Newcastle-upon-Tyne Council, ex parte Dixon the court held that the council was not prevented from incorporating higher contractual standards in its general form of care home contract than those imposed by the Registered Homes Act 1984. Neither the terms of the contract nor the enforcement procedures conflicted with Act. Where a local authority had