Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, whether Local Authorities have the right to move adults with disabilities to residential care away from their families and against the wishes of the individual and/or their families.

Under section 9(5) of the Care Act 2014, local authorities are required to involve the adult concerned and, where appropriate, their carers, family members, or others with an interest in their welfare, when carrying out a needs assessment and considering how care and support needs should be met.

Under the Care Act 2014, local authorities are also tasked with the duty to shape their care markets to meet the diverse needs of all local people. This includes commissioning a diverse range of care and support services that enable people to access quality care.

Local authorities should engage with people who draw on care and support, and their families and carers, to inform commissioning decisions and to consider the outcomes which matter to them. This is reflected in the Care and Support Statutory Guidance, which supports local authorities to fulfil their Care Act duties, including expectations around involvement and co‑production with people who draw on care and support and their families.

Under the Health and Care Act 2022, the Care Quality Commission has a statutory duty to assess how well local authorities are delivering their adult social care duties.