What responisibility do local authorities have for social care provision funded by direct payments?
Local authorities’ duties in respect of the health and safety of persons not in their employment, arising out of or in connection with the conduct of their undertaking are laid down in Section 3(1)(b) of the Health and Safety at Work etc Act 1974 and Regulation 3 of the Management of Health and Safety at Work Regulations 1999. http://www.opsi.gov.uk In order to discharge their duties under health and safety legislation, local authorities should ensure that the health and safety of recipients and potential recipients of direct payments is not put at risk. Neither should the health and safety of the care worker employed under the direct payment scheme be compromised. A balance has to be struck between ensuring the safety of the employee performing the task and meeting the needs of the client, so that care workers are not required to perform tasks that put them and clients at risk unreasonably; clients’ personal wishes on mobility assistance are respected wherever possible; and clients’ i
