Legal Context

In this section

1
Introduction
2
Scope
3
Purpose
4
Legal Context
5
Trigger Criteria
6
Responding to Provider Failure
7
Plan Activation and Responsible Officers

8
Risk Mitigation
9
Provider Failure in Another Local Authority
10
Escalation to Safeguarding Adults Large Scale Enquiry
11
Review
12
Appendix 1 – Urgent Closure Checklist
13
Appendix 2 - Planned Closure Toolkit
14
Policy Details

4.1 The council must ‘for so long as it considers necessary’ meet the needs for care and support which were being met immediately before the business failure occurred in accordance with :

The Care Act 2014
Care and Support (Market Oversight Criteria) Regulations 2014
Care and Support (Business Failure) Regulations 2015
Civil Contingencies Act 2004

4.2 When a failed provider is providing an adult with NHS continuing Healthcare, commissioned by an Integrated Care Board, the duty falls to the NHS to meet continuing healthcare needs.

4.3 The duties of the NHS in such situations are beyond the scope of this guidance.

4.4 The council will work with the relevant Integrated Care Boards in reaching agreements how care needs are met.

Last reviewed: 23/06/2025

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