The Care and Support (Cross-border Placements and Business Failure: Temporary Duty) (Dispute Resolution) Regulations 2014

Steps to be taken prior to referral of a dispute including steps to try to resolve a dispute

6.—(1) The authorities which are parties to a dispute (“authorities in dispute”) must, prior to the referral of the dispute, take the steps specified in this regulation.

(2) As soon as reasonably practicable after the date on which the dispute arises—

(a) the authority which is the lead authority in relation to the dispute must identify all the authorities which are parties to the dispute and co-ordinate discussions between those authorities in an attempt to resolve the dispute; and

(b) each of the authorities in dispute must—

(i) nominate an individual who will act as the point of contact within that authority in relation to the dispute; and

(ii) provide the other authorities in dispute with the contact details of that individual.

(3) The lead authority must—

(a) co-ordinate the discharge, by the authorities in dispute, of their duties under this regulation;

(b) take steps to obtain, from the other authorities in dispute, information which may be relevant to the determination of the dispute;

(c) disclose that information to the other authorities in dispute (if any); and

(d) disclose to the other authorities in dispute any information the lead authority itself holds that may help to resolve the dispute.

(4) The authorities in dispute must—

(a) take all reasonable steps to resolve the dispute between themselves; and

(b) co-operate with each other in the discharge of their duties under this regulation.

(5) Each of the authorities in dispute must—

(a) engage in a constructive dialogue with the other authorities in dispute, with a view to bringing about the speedy resolution of the dispute;

(b) comply, without delay, with any reasonable request for relevant information made by the lead authority; and

(c) keep the other authorities in dispute informed of information which appears to it to be relevant to the determination of the dispute.

(6) The lead authority in relation to the dispute must provide to the adult or carer to whom the dispute relates (“the relevant person”), or to the relevant person’s representatives, such information as appears to it to be appropriate about progress in resolving the dispute.