Local authority statutory functions with regard to provision of health services
Produced in partnership with Ros Ashcroft of DAC Beachcroft and Stephanie Townley of Addleshaw Goddard LLP
Local authority statutory functions with regard to provision of health services

The following Local Government practice note Produced in partnership with Ros Ashcroft of DAC Beachcroft and Stephanie Townley of Addleshaw Goddard LLP provides comprehensive and up to date legal information covering:

  • Local authority statutory functions with regard to provision of health services
  • Public health services duty arising from HSCA 2012
  • General public health duty on local authorities to improve the health of their populations
  • Public health functions delegated from the Secretary of State to local authorities
  • Specific public health duties of local authorities
  • Other powers and duties connected to local authority public health functions
  • Guidance regarding local authority performance of public health functions
  • Complaints regarding local authority public health functions
  • Directors of Public Health
  • Integration of health and social care services

Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, makes provision to introduce changes to the Care Act 2014 duties on local authorities when needed during management of the pandemic. For details, see News Analysis: The Coronavirus Act 2020 and its impact on social care provision. For further information, see: Coronavirus (COVID-19)—social care tracker and Coronavirus (COVID-19)—local government tracker.

This Practice Note explains the statutory duties imposed on local authorities in relation to health services through the Health and Social Care Act 2012 (HSCA 2012). It covers local authorities’ duties in terms of:

  1. the scope of the services which they are responsible for commissioning or arranging; and

  2. obligations to promote integration of services across local authority and NHS boundaries

Public health services duty arising from HSCA 2012

The re-organisation of the health sector which was carried out by HSCA 2012 was based on the premise that:

  1. local government is best placed to influence many of the wider factors that affect health and well-being and to assess the public health needs of people within their own geographical area; and

  2. central government is best placed to understand the needs of the national population as a whole and give general guidance on public health issues relevant to all local authority areas

See Practice Note: Regulation of healthcare.

The Secretary

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