Commentary on Sections Section 56 – Portability of care and support
205.Section 56 provides for what is to happen when a person who has needs for care and support that a local authority is required to meet moves from the area of one local authority to another.
206.The local authority (the ‘sending authority’) that is under a duty to meet the person’s needs, must, when notified that the person intends to move to the area of another local authority in Wales, notify that other authority (the ‘receiving authority’) of the person’s intention to move. It must also provide it with a copy of the person’s care and support plan.
207.The ‘sending authority’ must also provide any other information about the person, together with information on the person’s carer, if there is one (for example a copy of the carer’s support plan) that the ‘receiving authority’ requests.
208.When the receiving authority is satisfied that the person is moving to its area, it must notify the sending authority of this and provide the person (and their carer if there is one) with appropriate information. If the person is a child, it must also provide appropriate information to any person with parental responsibility for the child.
209.The ‘receiving authority’ must assess the person, paying particular regard to any change in the person’s care and support needs arising from the move. It must also have regard to the care and support plan forwarded by the sending authority.
210.On the day that the person moves to its area, if the receiving authority has not yet carried out an assessment, it must meet the care and support needs set out in the plan that was prepared by the ‘sending authority’. It must do so until it completes its own assessment along with any other steps that need to be taken.
211.Regulations may make further provision with regard to the steps to be taken, the matters to which the receiving authority must have regard and where the duties in this section may not apply.