1st Report - Unequal impact? Coronavirus, disability and access to services: interim Report on temporary provisions in the Coronavirus Act

The government states that Think Local, Act Personal (TLAP) published its findings, but with available data, it was not possible to reach clear conclusions on the specific impact of Care Act easements. The response doesn't commit to publishing additional specific data before future parliamentary reviews, defending the appropriate use of easements and describing existing monitoring instead.

The government reiterates that Care Act easements should only be used when necessary, noting only eight local authorities have used them and none are currently operating under them. Engagement by Chief Social Workers found local authorities followed guidance, and the easements were used appropriately.

The government published revised guidance on 1 September, which expects local authorities to record their decision-making process and reasons for using Care Act easements, including demand, mitigation steps, and expected impact. The guidance also notes communication of decisions to stakeholders.

The government stated that the Care Act easement provisions will be kept under regular review, with a decision on suspension to be made by the Secretary of State based on expert advice. They also noted the existing six-monthly parliamentary review process for Coronavirus Act provisions.

The government states that changes to Care Act duties will be kept under regular review, with suspension decisions based on expert advice and the existing six-monthly review and renewal processes of the Coronavirus Act 2020. They also refer to the Adult Social Care Winter plan for preparedness.

The government states that Care Act easements will be kept under regular review, with suspension decisions based on expert advice and the existing six-monthly review and renewal mechanisms of the Coronavirus Act 2020. It also references the Adult Social Care Winter Plan.

The government accepted the recommendation, stating that the Mental Health Act provisions were removed from the Coronavirus Act 2020 on 30 September 2020 and officially repealed in legislation on 8 December 2020.

The government states it kept temporary changes to EHC Plan duties under close review and restored full support by July 31st. They do not intend to issue further notices to modify the EHC duty unless evidence changes, thereby implicitly rejecting the need to review processes for making faster decisions to return to full duties.

The government response does not address the conclusion about the 'reasonable endeavours' duty for EHC Plans, instead providing text related to Care Act easements and their review.

The government states it does not intend to issue any further notices to modify the EHC plan duty unless evidence changes, effectively rejecting the recommendations to update guidance with minimum standards and examples or to issue notices on a local basis only, as they do not plan to reintroduce such flexibilities.

The government is working with individual local authorities to support their pandemic response, including managing overdue EHC assessment cases, and identifying good practice. Ofsted and CQC have also been commissioned to undertake interim visits to local areas to understand the pandemic's impact on SEND children and gather learning.

The government rejected the recommendation to arrange separate votes on individual Coronavirus Act provisions, stating that existing mechanisms like the six-monthly review and renewal vote, alongside two-monthly reports, provide sufficient and proportionate parliamentary scrutiny.