Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Local authority definition

What does Local authority mean? In legal practice, a local authority is the elected council that provides local government for a defined area, exercising statutory functions including planning, housing, social care, education, highways, environmental health, licensing, and the collection of council tax or rates. The expression appears widely in legislation and case law; its precise scope is set by the relevant statute. England: county councils and district councils (including metropolitan boroughs), unitary authorities, London Boroughs and the Common Council of the City of London; parish and town councils are local authorities at the most local tier. Wales: unitary county and county borough councils. Scotland: the...

Residential and nursing care in England: eligibility, ordinary residence, inter‑authority placements and funding under the Care Act 2014

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Practice notes

If a needs assessment finds an adult must move into residential accommodation, they may choose, subject to their own financial circumstances, between privately funded or Local authority arrangements accordingly. Whichever setting the adult ultimately enters, the oversight and guidance governing how such ‘care homes’ operate is generally consistent. Care homes are overseen by the Care Quality Commission, as are connected services, including community provision, mental health support and care delivered at home, all of which are particularly relevant to older clients.

The principal legislation for the provision of residential care is:

National Assistance Act 1948 (NAA 1948)
Care Act 2014 (CA 2014)

Other legislation of interest in relation to the physical provision of accommodation in a care home can be found in:

Care Standards Act 2000 (CSA 2000)
Health and Social Care Act 2008 (HSCA 2008)
Care Quality Commission (Registration) Regulations 2009, SI 2009/3112
Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, SI 2014/2936
Care and Support (Eligibility Criteria) Regulations 2015, SI 2015/313
The Care and Support (Disputes Between Local Authorities) Regulations 2014, SI 2014/2829

It is important to note that there are two types of 'care homes', namely:

...

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Web page updated on 22/05/2026

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