4 Co-operating generally
This clause requires local authorities and relevant partners, as listed in subsection (5), to co-operate in carrying out their respective functions relevant to care and support. It does not create any new functions, or require the local authority to undertake any particular activities, but there are a number of other existing powers which local authorities may be able to use to promote joint working.
For instance, local authorities may share information with other partners, or provide staff, services or other resources to partners. Under section 75 of the NHS Act 2006, a local authority may contribute to a ‘pooled budget’ with an NHS body, a shared fund out of which payments can be made.
(1) A local authority must co-operate with each of its relevant partners, and each relevant partner must co-operate with the authority, in the exercise of—
(a) their respective functions relating to adults with needs for care and support,
(b) their respective functions relating to carers, and
(c) functions of theirs the exercise of which is relevant to functions within paragraph (a) or (b).
(2) A local authority must co-operate, in the exercise of its functions under this Part, with such other persons as it considers appropriate, being persons who exercise functions, or are engaged in activities, in the authority’s area relating to adults with needs for care and support or relating to carers.
(3) A local authority must make arrangements for ensuring co-operation
(a) the officers of the authority who exercise the authority’s functions relating to adults with needs for care and support or its functions relating to carers,
(b) the officers of the authority who exercise the authority’s functions relating to housing (in so far as the exercise of those functions is relevant to functions referred to in paragraph (a)), and
(c) the Director of Children’s Services at the authority (in so far as the exercise of functions by that officer is relevant to the functions referred to in paragraph (a)).
(4) The duties under subsections (1) to (3) are to be exercised for the following purposes in particular—
(a) promoting the well-being of adults needing care and support and of carers in the authority’s area,
(b) improving the quality of care and support for adults and support for carers provided in the authority’s area (including the outcomes that are achieved from such provision), and
(c) protecting adults with needs for care and support who are
experiencing, or are at risk of, abuse or neglect.
(5) Each of the following is a relevant partner of a local authority—
(a) where the authority is a county council for an area for which there are district councils, each district council;
(b) any local authority, or district council for an area in England for which there is a county council, with which the authority agrees it would be appropriate to co-operate under this section;
(c) each NHS body in the authority’s area;
(d) a local policing body the whole or part of whose area is in the local authority’s area;
(e) the Minister of the Crown exercising functions in relation to prisons, so far as those functions are exercisable in relation to England;
(f) a relevant provider of probation services in the local authority’s area;
(g) such person, or a person of such description, as regulations may specify.
(6) The reference to an NHS body in a local authority’s area is a reference to—
(a) the National Health Service Commissioning Board, so far as its functions are exercisable in relation to the authority’s area,
(b) a clinical commissioning group the whole or part of whose area is in the authority’s area, or
(c) an NHS trust or NHS foundation trust which provides services in the authority’s area.
(7) “Local policing body” has the meaning given by section 101 of the Police Act 1996.
(8) “Prison” has the same meaning as in the Prison Act 1952 (see section 53(1) of that Act).
(9) “Relevant provider of probation services” has the meaning given by section 325 of the Criminal Justice Act 2003.