Adult Social Care Glossary, v 0.6

(1) The exception in section 67(5) of the Act does not apply in the circumstances specified in paragraphs (2) and (3).

(2) The circumstances specified in this paragraph are that--
(a) the exercise of the assessment or planning function in relation to the individual is likely to result in an NHS body making arrangements for the provision to that individual of accommodation in--
(i) a hospital for a period of 28 days or more; or
(ii) a care home for a period of 8 weeks or more; and
(b) the local authority is satisfied that it would be in the best interests of the individual to make arrangements in relation to that individual under section 67(2) of the Act.

(3) The circumstances specified in this paragraph are that--
(a) there is disagreement on a material issue between the local authority and the person referred to in section 67(5) of the Act in the case of the individual; and
(b) the local authority and that person agree that making arrangements under section 67(2) of the Act in relation to the individual would be in the best interests of that individual.