The bill, which is due to have its second reading today (Monday), is intended to enable authorities to prioritise resources if demand for services spikes and workforce numbers plummet as the coronavirus pandemic reaches its peak.
The government has insisted that the provisions detailed in the bill will only be applied if required once the bill has become law.
The bill as a whole is set to be in place but this could be reduced, the government has said.
-
Coronavirus: Official advice for schools, nurseries, children’s homes and social workers
-
Coronavirus: Advice for youth work groups
If the emergency measures were activated, local authorities would no longer be required to carry out assessments, including financial assessments of disabled young people and looked after young people transitioning to adult social care services detailed in the Care Act under schedule 11 of the bill. The same issue would apply to young carers deemed to be in need of care or support.
The bill would also remove a council's duty to assess a child’s needs where it appears they will require care and support after the age of 18 and assess a carer’s needs where it appears they will need support after a child turns 18.
It also gives the government power to direct a local authority to follow new guidancein relation to Section 17 of the Children Act 1989 which related to services for children in need and their families, including child protection, children in care, young carers and all aspects of support to disabled children and their families.
Statutory duties applied to residential special schools that are also classed as residential childcare providers could also be relaxed, removed and modified if emergency legislation is brought in.
It could also remove rules ensuring children are placed in schools named on an education, health and care plan.
In a letter to social care organisations, Department of Health and Social Care director general, prevention, community and social care Jonathan Marron said: “I know you will be committed to delivering on all your existing duties during the coming period. However, we need to prepare for the possibility that during the peak of an epidemic, a greater number of people will need social care and many staff may be unavailable due to illness or the need to care for loved ones.
“This could mean that you need to focus your resources on ensuring the most serious and urgent care needs are met, and defer meeting some other, less acute or pressing needs.”
He added: “These provisions will only come into force following a decision by the Secretary of State and will be time-limited, based on the best clinical and scientific advice. If and when they do, there will be an expectation that you will continue to meet eligible needs in full wherever you have the capacity to do so.”
In response to the bill’s proposed legislation for social care, Councillor Ian Hudspeth, chairman of the LGA’s Community Wellbeing Board, said: “Councils are stepping up to play their role in supporting the national effort to tackle the Coronavirus. Acting as a fourth emergency service, local government is prioritising the most vulnerable to ensure they have the support they need.
“This is essential work in the nation’s interests. Councils will step-up, but this emergency will stretch them and their teams to the maximum, as it will all public services.
“Additional powers should be added to the legislation to further support councils in their efforts to tackle this emergency.”
Carolyne Willow, director of children's rights charity Article 39, said: "We understand that the government must take all necessary action to protect our population at this time of crisis.
"However, the state must continue to do all it can to provide care and support to vulnerable children and their families. We consider the sweeping removal of local authority duties in this bill to be disproportionate, and this has the potential to cause great harm to those who are least able to cope."
Meanwhile, the British Association of Social Workers (BASW) called on the government to ensure social workers were protected by the bill.
BASW chief executive Dr Ruth Allen said: “Social workers need to be able to do their job in this unprecedented context of a global pandemic, while maintaining professional standards including regulatory registration standards, human rights of individuals, equality of access to services, and the safety and wellbeing of the workforce.”
The bill also details legislation around school closures and childcare that would be enacted once it becomes law, including the right to revoke the 30 hours free childcare provision.
The will could also invoke changes to mental health legislation including enabling the detention of children who need urgent treatment for a mental health disorder and are a risk to themselves or others based on the opinion of a single doctor, rather than two.
It would also extend the time limit for compulsory detention for people who would otherwise be in hospital voluntarily from 72 hours to 120 hours and extend the time they can be kept in hospital under nurses’ holding powers from 6 to 12 hours.
The bill could also remove the cap (currently 12 weeks) on how long someone can be detained in hospital while awaiting a medical report.
Changes to youth court proceedings are also highlighted, including the use of videolink for hearings. However, this is only to be used in youth court if a representation has already been made by a member of the child’s youth offending team.
