Member

We believe that Amendment 28 is unnecessary because the current drafting already makes reference to the relevant local authority function under Section 5(1) of the Care Act, and—I will use the word—this is a market-shaping duty to promote diversity and quality in the provision of services. We believe that it sufficiently covers the policy intent, which is to ensure that local authorities pay particular attention to the needs of people with a learning disability and autistic people. This means that a local authority must have regard to the information that it obtains by virtue of the register under new Section 125D when exercising this duty. This applies to services that the local authority commissions directly and to non-commissioned services in its area as well as to universal services and services that are provided by partners. In addition, there are existing provisions in the Care Act that seek to ensure that, when making decisions about commissioning, local authorities consider the importance of promoting the well-being of adults with care and support needs. This will include the well-being of people with learning disabilities and autistic people.