Who can provide care, support or supervision on behalf of the landlord?

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 3 posts - 1 through 3 (of 3 total)
  • Author
  • #285709

    Specified accommodation provided by an RSL, can a Health and Care Social Partnership (HSCP) or Integrated Joint Board provide the care, support or supervision on behalf of the RSL?

    Peter Barker

    That would be unusual. “acting on (the landlord’s) behalf” means stepping into the shoes of the landlord and doing something that the landlord is responsible for doing: a contractor/agent who reports to the landlord.

    In cases where a commissioning body such as those you mention pays a third party to provide care, it is now very well established by a line of cases starting with R(H) 2/07 that the neither the commissioning body nor the third party care provider is acting on the landlord’s behalf. The care provider is acting on behalf of the commissioning body who pay them, and the commissioning body is carrying out statutory health or social care functions.

    I don’t I’ve ever heard of a case where the landlord hired the commissioning body to provide care, support or supervision on its behalf.

    Alistair Costelloe

    If the Landlord is interposed in the arrangements for commissioning CSS (i.e. the funding authority commissions the landlord, who then instructs a care provider), then yes. If the funding authority’s arrangement is directly with a care provider that is not the landlord, then the CSS they fund is not provided on behalf of the landlord because the landlord has no role in that arrangement. The funding authority is not providing CSS on behalf of the landlord, because the authority is providing it under a statutory duty.

    However, if the landlord provides other services which comprise CSS, or engages the care provider to provide services on behalf of the landlord that sit outwith the scope of the service provided under the care packages, then the scheme can still be exempt accommodation if these services are more than de minimis.

Viewing 3 posts - 1 through 3 (of 3 total)
  • You must be logged in to reply to this topic.