Co-Operation

Under section 6 of the Care Act, when exercising any functions relating to adults with needs for Care and Support (or carers with needs for Support), Local Authorities must co-operate with a defined list of relevant partner organisations and they in turn must co-operate with the Local Authority. The relevant partners are:

1. Any district councils in the area of a county council;
2. Any other appropriate Local Authority (in the circumstances of the particular case);
3. Each NHS body in the area;
4. Local offices of the Department for Work and Pensions; and,
5. Police, prison and probation services in the area.

The duty to co-operate also applies to other organisations that the Local Authority considers appropriate who are engaged in activities relating to adults with needs for Care and Support (or carers with needs for Support).

The following are examples of occasions when general co-operation support may be necessary under the Act:

1. To promote the Wellbeing of people with needs for Care and Support and of carers in the Local Authority's area,
2. To improve the quality of Care and Support and Support for carers provided in the Local Authority's area (including the outcomes that are achieved from such provision),
3. Smoothing the transition for young people from children's services to adult Care and Support services;
4. Protecting people with needs for Care and Support who are experiencing, or are at risk of, abuse or neglect; and
5. Identifying lessons to be learned from cases where people with needs for Care and Support have experienced serious abuse or neglect and applying those lessons to future cases.

The following are examples of some of the people that could work for relevant partners or other appropriate organisations who a Local Authority may consider it appropriate to co-operate with:

1. A Manager from a Domiciliary Care Agency who provides services to meet an adults' needs for care and support;
2. A GP, Dentist, Optician or Pharmacist;
3. A Nurse or Consultant within a non NHS hospital;
4. A Registered Provider of social housing.

In addition to the general duty to co-operate, there will be individual cases in which more specific co-operation is required.  In those cases, the Local Authority may make a formal request in writing for the co-operation of a relevant partner agency or another Local Authority in the exercising of one or more specific functions or duties (for example when arranging a Cross Border Placement). Likewise, a relevant partner agency or another Local Authority can formally request the same of the Local Authority.

The Local Authority or agency receiving the request has a duty under section 7 of the Care Act to comply with it unless it considers that doing so:

1. Would be incompatible with its own duties; or
2. Would otherwise have an adverse effect on the exercise of any other of its functions.

A person who decides not to comply with a formal co-operation request must give the person who made the request written reasons for the decision.