Do local authorities have to accept that they must buy every service that the Health Service refuses to commission for clients?
No. There is a ‘no-overlap’ provision in most of the statutory regimes which confer power to provide social services, the purpose of which was probably to protect the public against free services slowly becoming more commonly provided through local authorities, and hence charged for. For instance, s29(6) NAA provides that nothing in the foregoing provisions […]
