Understanding housing’s legal obligations Tim Spencer-Lane Capita conferences: Housing’s role in safeguarding vulnerable adults 23 February 2015

Safeguarding law for housing providers Care Act & NHS Act (service provision and safeguarding) Common law & public law duties Non- consensual powers (Mental Health Act & Mental Capacity Act) Regulation (CQC, professional regulators and commissioning) Anti-social behaviour injunctions & criminal law Housing & environmental law

Care Act well-being duty OUTCOMES personal dignity physical and mental health, & emotional well-being protection from abuse & neglect control over day-to-day life participation in work, education, training or recreation social & economic well-being domestic, family & personal relationships suitability of living accommodation individual’s contribution to society WELL-BEING CHECKLIST assumption that the person is the best judge of their well-being person’s views, wishes and feelings importance of preventing or delaying needs all the person’s circumstances full participation in decision- making balance with well-being of carers protect from abuse and neglect minimum restrictions

Care Act general duties Preventing needs for care and support (s.2) Promote integration of health and social care (s.3) Information and advice (s.4) Promote diversity and quality in services (s.5) Duties to co- operate (s.6 -7)

The local authority must make enquires it considers necessary (or cause enquiries to be made) care and support needs abuse or neglect unable to safeguard themselves Care Act safeguarding enquiries

 Extension of choice of accommodation rules to care homes, shared lives and supported living  Extension of direct payments to residential care?  Ordinary residence deeming principle applied to care homes, shared lives and supported living  Duty to enter into a deferred payment agreement  Market oversight and provider failure duties  Rights to independent advocacy  Right to request direct payments Other Care Act housing reforms

Adult Social Care Project Cover detentions in hospitals, care homes and community settings A new scheme for best interests deprivations of liberty based in the MCA Law Commission review of DoLS

Timetable for the Review Stage 1: Pre consultation Stage 2: Public Consultation Summer 2015Publication of consultation paper Summer – Autumn month public consultation Stage 3: Draft Bill and report Publication Summer 2017 Legislation before the end of the next Parliament?

person without capacity to consent to their living arrangements for care and treatment continuous supervision and control not free to leave The Acid Test P v Cheshire West & Chester Council, P & Q v Surrey CC [2014] UKSC 19

Issues for housing providers Joint duty on health and social services to provide after-care services for people discharged from compulsory detention in psychiatric hospital under section 3, 37, 45A, 47 or 48  Should the new scheme apply to supported living and domestic settings?  How effecting are housing workers at spotting deprivation of liberty?  How responsive are supervisory bodies to referrals and conditions?  Is over-sight needed over other forms of restrictive care?

Contact details: Websitewww.lawcommission.justice.gov.uk