Responding to Provider Failure

6.1    The council will ensure the care and support needs of all individuals accessing a service are met in the event of an immediate business failure by a regulated care provider in Gloucestershire.

6.2    The types of failure covered in the plan include, but not limited to:

• Imminent closure or cessation of a service
  
  
• Cancellation of registration through a CQC enforcement action
  
  
• Immediate closure caused by fire or flood for example

6.3    The  council is not required to continue the services that were previously provided and has discretion as to how it will meet those needs. Reasonable steps should be taken to ensure how needs are met causes minimal disruption to the person and are agreed with the individual, their carer and anyone they wish to be involved.

6.4    If the person lacks the requisite capacity to understand and contribute to how their needs will be met, the council must involve anyone who appears to  be interested in the person’s welfare.

6.5    In discharging this duty, the council will act promptly and is not required to carry out a needs or financial assessment, or make a determination of eligibility.

6.6     The council may arrange an Independent Care Act Advocate(s) or Independent Mental Capacity Advocate(s) (IMCA) to support:

• residents affected by a temporary or permanent closure of a care home 
  
  
• people affected by other types of provider failure or service interruption including as a result of deregistration by / change of registration with the Care Quality Commission

6.7    The council has the power to charge for the cost (except for the provision of information or advice) in meeting the person’s care and support needs.

6.8   The council may also charge another local authority which was previously meeting those needs, if it temporarily meets the needs of a person who is not ordinarily resident in  Gloucestershire.