In the event that a young person approaching 18 years of age has a Care Act assessment for social care needs by the local authority, as part of the transition process between children’s and adult services and then is found to qualify fo Adult NHS Continuing Health Care, is the local authority no longer responsible for providing any aspect of the person’s care, and is the Integrated Health Board responsible for providing the care described in the Care Act Assessment?
The existence of eligibility for Adults CHC means that the council is not allowed to provide anything the NHS is required to provide (s23 of the Care Act says that) and that means the package that the person gets is the one that the NHS thinks is appropriate. Public law principles require that the responsible […]
