4.11 Out of Area Arrangements

1. Introduction

There is increased complexity in service provision arrangements for adults with care and support needs when they occur across local authority borders. Difficulties may arise where funding or commissioning responsibilities are held by one authority, but concerns about potential abuse or neglect arise in another authority area.

The following terms are used in this chapter:

• Placing authority: the local authority or NHS body that is responsible for commissioning care and support services for an adult experiencing or at risk if abuse and neglect who is involved in a safeguarding adults enquiry. This includes where a local authority or NHS body has placed a person in accommodation outside of their area.
• Host Authority: The local authority in the area where the alleged abuse occurred, and which therefore has a duty under section 42 of the Care Act 2014 to make enquiries or cause them to be made (whether or not the host authority is commissioning care and support services for the adult).

2. Principles for Out of Area Safeguarding Adult Arrangements

The host authority should take overall responsibility for coordinating the safeguarding adults enquiry and ensure there is effective communication between all agencies and professionals involved in the case, including meetings held and planning for any required investigation.

The placing authority will:

• have a continuing duty of care to the adult that they have placed;
• participate in the investigation as required;
• ensure that the provider has arrangements and procedures in place in relation to safeguarding adults and how staff should respond to concerns, which should also link to the local (host) multi-agency safeguarding adults procedures. This should be a requisite of contracting arrangements. This should include the requirement to inform the host authority of any safeguarding concerns.

Authorities may negotiate certain arrangements, for example relating to another authority undertaking assessments, reviews, investigative activities. In such cases, the placing authority would maintain overall responsibility for the adult they placed.

Providers of care and support services have rights and responsibilities, and also may be required to undertake their own investigations into an adult safeguarding concern. The host authority must ensure effective and timely communication with the provider throughout the investigation (see also Integration, Cooperation and Partnerships).