Source · Select Committees · Women and Equalities Committee
Recommendation 3
3
Paragraph: 26
We acknowledge that steps have been taken towards greater transparency in the Care Act easement...
Recommendation
We acknowledge that steps have been taken towards greater transparency in the Care Act easement process, notably the publication of an updated list of local authorities using the easements; however, we believe this falls short of a proportionate level of transparency and accountability. The current process is not stringent enough to provide confidence that easements cannot be triggered for anything other than severe demand or resource issues caused by the pandemic. As such, it is impossible to scrutinise whether easements are being mis-used. We recommend guidance to local authorities on use of Care Act easements be updated to state that local authorities should keep a record of the reasons for their decisions and the anticipated effects on people and services, as set out in the current guidance but omitting the phrase “where possible”. Local authorities should in all circumstances keep such a record. We recommend the guidance be updated to state that local authorities should publish the information contained in the record prior to notification to the Department for Health and Social Care. We further recommend the guidance be updated to state explicitly that pre-emptive triggering of easements prior to publication of the decision record would be a misuse of the provisions, leaving local authorities open to legal challenge.
Paragraph Reference:
26
Government Response
Not Addressed
HM Government
Not Addressed
17. On 1 September, DHSC published revised guidance and further explanatory guidance for councils, addressing frequently asked questions and building on lessons learned from the first wave. The guidance includes a notification form and asks local authorities to alert the Department when they plan to start operating under easements. It is available here: https://www.gov.uk/government/publications/coronavirus-covid-19-changes-to- the-care-act-2014/care-act-easements-guidance-for-local-authorities 18. If a local authority decides that Care Act easements are absolutely necessary, they are expected to record the decision-making process and reasons that led to this decision. This includes in relation to: • Demand for services and workforce capacity • The steps taken to mitigate the need for easements • The expected impact of the measures being taken • Those involved in the decision-making process • When the decision will be reviewed 19. The guidance also notes that the decision should be communicated to all providers, service users, carers and local MPs. 20. The changes to the Care Act 2014 duties on local authorities are kept under regular review which includes engagement with stakeholders on any changes that may need to be made to existing guidance.