Local Government Services: Vulnerable Adults
The question
To ask the Secretary of State for Housing, Communities and Local Government, what guidance exists on balancing data protection with safeguarding when families seek to support vulnerable adults in accessing local authority services including housing registers; and what discretion local authorities have to share information with family members in such circumstances.
Answered by Alison McGovern
Local authorities are responsible for assessing individuals’ care and support needs and, where eligible, for meeting those needs, such as under the Care Act 2014.
The Mental Capacity Act 2005 provides mechanisms by which others can support, and if appropriate make decisions for, a person who lacks mental capacity. A person who is aged 18 or over and who has capacity (a donor) can make a lasting power of attorney (LPA) appointing one or more trusted third parties (often family members or friends) to act as attorney. An attorney with powers under an LPA can act or make decisions for the donor, including accessing services on their behalf. If no LPA has been made and a person lacks capacity, the Court of Protection can appoint a deputy to manage the person’s affairs.
Statutory guidance on social housing allocations sets out how local housing authorities should approach information sharing in relation to the management of their allocation scheme including how data should be processed in line with UK data protection laws.
If a person is likely to have difficulty making an application for an allocation of social housing without assistance, local housing authorities must ensure that any necessary assistance is available free of charge.
The cross-government Changing Futures programme is working with 15 local partnerships to test new approaches to improve access to support for adults experiencing multiple disadvantage – including combinations of homelessness, substance misuse, mental ill health, domestic abuse and contact with the criminal justice system. A further £56m has been announced in the homelessness strategy to build on learning from Changing Futures through a new multiple disadvantage programme.
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