Member

The noble Baroness, Lady Barker, was one of a number of your Lordships who impressed upon me and my then ministerial colleague, Norman Lamb, that there was an urgent need to close a legal loophole which had recently been exposed by the case of YL v Birmingham City Council, in which we have just heard that the noble Lord, Lord Pannick, took part. Definitive closure of that loophole was the intent and purpose of what is now Section 73 of the Care Act 2014. However, as we have heard, the court has recently seen fit to determine, in the case of Sammut, that the wording of Section 73 does not apply to the particular set of circumstances in that case.