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

Responsibility for determination of disputes

2.—(1) The Responsible Person which is to determine a dispute between authorities is to be determined as follows.

(2) Where the authorities which are parties to the dispute (“the authorities in dispute”) include a local authority in England, and the adult or carer to whom the dispute relates (“the relevant person”) is living in England as at the date the dispute is referred (“the relevant date”), the dispute is to be determined by the Secretary of State.

(3) Where the authorities in dispute include a local authority in Wales, and the relevant person is living in Wales as at the relevant date, the dispute is to be determined by the Welsh Ministers.

(4) Where the authorities in dispute include a local authority in Scotland, and the relevant person is living in Scotland as at the relevant date, the dispute is to be determined by the Scottish Ministers.

(5) Where the authorities in dispute include an HSC trust, and the relevant person is living in Northern Ireland as at the relevant date, the dispute is to be determined by the Northern Ireland Department.

(6) In any other case, the dispute is to be determined by whichever of the persons who are Responsible Persons in relation to the authorities in dispute, those persons agree is to do so.