Legal Context

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.