Appendix 3 - legal context

This policy is based on the following legislation and guidance: 

• The Care Act 2014 in particular sections 31 - 33, and 75 (7)
• The Mental Health Act 1983 section 117 (2C)
• The Care and Support (Direct Payments) Regulations 2014 
• Care and Support statutory guidance  in particular chapter 12  

Local authority duties to achieve best value derive from:  

• The Local Government Act 1999 - section 3 

Other legislation relevant to this policy includes but is not limited to: 

• GDPR as enacted in the Data Protection Act 2018 

• The Equality Act 2010   

• The Human Rights Act 1998 

• The Mental Capacity Act 2005 (MCA)  

• The Mental Capacity (Amendment) Act 2019