The Care and Support (Disputes Between Local Authorities) Regulations 2014

Referral: disputes about ordinary residence or continuity of care

4.—(1) The referral must include the following documents—

(a) a letter signed by the lead authority in relation to the dispute, stating that the dispute is being referred;

(b) a statement of facts signed on behalf of each of the authorities which includes the information specified in paragraph (2); and

(c) copies of all correspondence between the authorities which relates to the dispute.

(2) The specified information is—

(a) an explanation of the nature of the dispute;

(b) a chronology of the events leading up to the referral of the dispute, including the date on which the dispute arose;

(c) details of the needs of the adult (“the relevant adult”) or carer to whom the dispute relates from the beginning of the period to which the dispute relates;

(d) a statement as to which local authority has met those needs since then, how those needs have been met and the statutory provisions under which they have been met;

(e) details of the relevant adult’s place of residence, and of any former places of residence which are relevant to the dispute;

(f) where the person to whom the dispute relates is a carer, details of the place of residence of the adult needing care, and of any former places of residence that are relevant to the dispute;

(g) in a case where the relevant adult’s capacity to decide where to live is relevant to the dispute, either—

(i) a statement that the authorities agree that the adult has, or lacks, such capacity; or

(ii) information which appears to any of the authorities to be relevant to the question of whether the adult has, or lacks, such capacity;

(h) a statement as to any other steps taken by the authorities in relation to the relevant adult or carer which may be relevant to the dispute;

(i) details of the steps that the authorities have taken to resolve the dispute between themselves; and

(j) any other information which appears to any of the authorities to be relevant to the determination of the dispute.

(3) The authorities must submit any legal arguments they rely on in relation to the dispute within 14 days of the date on which the dispute is referred.

(4) If a local authority submits legal arguments, it must—

(a) send a copy of those arguments to the other authorities; and

(b) provide evidence to the appropriate person that it has done so.

(5) If the appropriate person asks any of the authorities to provide further information, the local authority to which the request is made must comply without delay.

(6) This regulation does not apply in a case to which regulation 5 or 6 applies.