Important changes to adult social care in the Coronavirus Bill

The 329-page Coronavirus Bill was passed through the House of Commons and the House of Lords in just three days, and became law as an Act of Parliament on the 25 March 2020.

The temporary relaxation of adult social care rules rules state that Local Authorities in England should be doing all that they can to meet their existing care commitments that were in place before the Coronavirus Bill was enacted. However, the changes mean that Local Authorities can now - in principle - choose not to meet all of their statutory obligations for the people they need to provide care for; prioritise some people over others; and retrospectively charge for some services if it turns out that people would not have been eligible for the service in normal times.

Sustain will be closely monitoring the sitution to understand what this will mean for people who need support in eating, including through Meals on Wheels provision.

Key points of concern

Some of the key points of concern are as follows:

• As it stood under the obligations of the Care Act 2014 Local Authorities needed to assess any adult if it appears that they may need support. The Coronovirus Bill has removed the obligation to conduct an assessment, whilst they still have the power to do so if they wish.
• Following on from the assessment, previously an adult in need of social care would then receive care support. The Coronavirus Act allows them to prioritise the delivery of support to those that are the most vulnerable if needed. 
• There are obligations for a Local Authority to provide care under the Coronavirus Act if it “considers that it is necessary to meet those needs for the purpose of avoiding a breach of the person’s Convention rights”. However there are no provisions for adult social care in Human Rights Law, and no positive obligations under the European Convention on Human Rights to provide adult social care. 
• If a Local Authority has not charged a person for any care they were eligible to pay for during the Covid-19 pandemic, then the Local Authority has the power to retroactively charge a person for their care.

Further information

• Care Act easements: guidance for local authorities
• Coronavirus Bill: Explanatory Notes
• The Coronavirus Bill and Adult Social Care