The Legislative Reform (Disclosure of Adult Social Care Data) Order 2025
The Legislative Reform (Disclosure of Adult Social Care Data) Order 2025 amends the Local Audit and Accountability Act 2014 and the Public Audit (Wales) Act 2004.
The amendment allows for the sharing of matched adult social care data with local authorities in England and Wales to improve fraud detection, recover lost funds, and streamline administration.
The Order was made under the Legislative and Regulatory Reform Act 2006 and received parliamentary approval.
Arguments For
Improved Fraud Detection and Recovery: Enables data matching to identify and recover funds lost due to fraud and error in adult social care, saving public money.
Streamlined Administration: Reduces administrative burdens on local authorities by simplifying the process of sharing and utilizing matched data.
Enhanced Efficiency: Facilitates more efficient use of resources within adult social care services by enabling better data-driven decision making.
Legal Basis: This order is made under the Legislative and Regulatory Reform Act 2006, which specifically allows for reducing burdens on local authorities, supporting its legitimacy.
Parliamentary Approval: The order has been approved by resolution of both Houses of Parliament following the required 40-day period, demonstrating democratic support.
Arguments Against
Data Privacy Concerns: Increased data sharing could raise concerns about the privacy of individuals receiving adult social care services, requiring robust safeguards.
Potential for Misinterpretation or Misuse: The data could be misinterpreted or misused, leading to inaccurate conclusions or inappropriately targeted interventions.
Implementation Challenges: Successful implementation would require thorough training and clear guidelines for local authorities to ensure data is handled securely and correctly.
Unintended Consequences: The changes could have unintended consequences on resource allocation or relationships between different agencies involved in adult social care.
Alternative Approaches: Alternative solutions for detecting fraud or improving efficiency in adult social care might exist, warranting an assessment before implementation.
The Minister for the Cabinet Office makes this Order in exercise of the power conferred by section 1 of the Legislative and Regulatory Reform Act 2006 (“the Act”). For the purposes of section 3(1) of the Act, the Minister for the Cabinet Office considers, where relevant, that the conditions in section 3(2) are satisfied. The Minister for the Cabinet Office has consulted in accordance with section 13(1) of the Act. The Minister for the Cabinet Office has laid a draft Order and an explanatory document before Parliament in accordance with section 14 of the Act. Pursuant to section 15 of the Act, the affirmative resolution procedure (within the meaning of section 17 of the Act) applies in relation to the making of this Order. In accordance with section 17(2) of the Act, the draft has been approved by resolution of each House of Parliament after the expiry of the 40-day period referred to in that provision.
This section details the legal basis and process for creating the Order.
The Minister for the Cabinet Office acted under powers in the Legislative and Regulatory Reform Act 2006, fulfilling procedural requirements like consultation and parliamentary approval before enactment.
- Citation, commencement and extent (1) This Order may be cited as the Legislative Reform (Disclosure of Adult Social Care Data) Order 2025 and comes into force on the day after the day on which it is made. (2) This Order extends to England and Wales.
This section provides the Order's title, effective date (the day after it's made), and geographical scope – England and Wales.
- Amendment of the Local Audit and Accountability Act 2014 (1) Paragraph 4 of Schedule 9 to the Local Audit and Accountability Act 2014 (disclosure of results of data matching etc) is amended as follows. (2) In sub-paragraph (6)(a)— (a) the words after “relates to” become sub-paragraph (i), and (b) at the end of that sub-paragraph insert ““, or (ii) in relation to patient data which are held for the purposes of local authority social care provided to individuals aged 18 or over, a local authority;”. (3) In sub-paragraph (12)— (a) in the opening words, after “sub-paragraph (6)” insert “and this sub-paragraph”, and (b) at the appropriate places insert— ““local authority” has the meaning given by section 275(1) of the National Health Service Act 2006;”; ““local authority social care” means— (a) social care provided or arranged for by a local authority; or (b) social care all or part of the cost of which is paid for with funds provided by a local authority;”; ““social care” has the meaning given by section 251(12A) of the National Health Service Act 2006.”.
This section details amendments to the Local Audit and Accountability Act 2014.
It modifies paragraph 4 of Schedule 9, clarifying circumstances under which information from data matching exercises (specifically regarding adult social care data) can be disclosed.
Definitions of terms like 'local authority', 'local authority social care', and 'social care' are also provided for clarity.
- Amendment of the Public Audit (Wales) Act 2004 (1) Section 64D of the Public Audit (Wales) Act 2004 (disclosure of results of data matching etc) is amended as follows. (2) In subsection (5)(a)— (a) the words after “relates to” become sub-paragraph (i), and (b) at the end of that sub-paragraph insert ““, or (ii) in relation to patient data which are held for the purposes of local authority social care provided to individuals aged 18 or over, a local authority,”. (3) In subsection (6)— (a) in the opening words, after “subsection (5)” insert “and this subsection”, (b) before paragraph (a) insert— “(za) “local authority” has the meaning given by section 275(1) of the National Health Service Act 2006, (zb) “local authority social care” means— (i) social care provided or arranged for by a local authority, or (ii) social care all or part of the cost of which is paid for with funds provided by a local authority,”, and (c) after paragraph (b) insert— “(c) “social care” has the meaning given by section 251(12A) of the National Health Service Act 2006.”.
This section mirrors the previous one but applies to the Public Audit (Wales) Act 2004.
It amends section 64D, making similar changes to allow disclosure of matched adult social care data.
Again, clarifications and definitions are added for better understanding and consistency across legislation.
Georgia Gould Parliamentary Secretary 22nd July 2025 Cabinet Office
This section contains the signature and designation of the Parliamentary Secretary from the Cabinet Office, along with the date of signing July 22nd, 2025.
Explanatory Note (This note is not part of the Order) Schedule 9 to the Local Audit and Accountability Act 2014 (c. 2) includes provision for the Secretary of State or the Minister for the Cabinet Office to carry out data matching exercises or to arrange for them to be done on his or her behalf. Paragraph 4 of Schedule 9 sets out the circumstances in which information (obtained for a data matching exercise and the result of any such exercise) may be disclosed by or on behalf of a Minister. The Local Audit and Accountability Act 2014 applies to relevant authorities in England. Section 64 of the Public Audit (Wales) Act 2004 (c. 23) includes provision for the Auditor General for Wales to conduct data matching exercises. The data matching functions of the Auditor General for Wales apply in or with respect to Wales. Section 64D sets out the circumstances in which information (obtained for a data matching exercise and the result of any such exercise) may be disclosed by or on behalf of the Auditor General for Wales. This Order amends paragraph 4 of Schedule 9 to the Local Audit and Accountability Act 2014 and section 64D of the Public Audit (Wales) Act 2004 so that matched adult social care data can be shared with local authorities in England and Wales. The Order is made under the Legislative and Regulatory Reform Act 2006 (c. 51) and removes burdens and administrative inconveniences on local authorities. The Order would reduce financial burdens on local authorities by assisting the recovery of money lost through fraud and error. The Order also eliminates an administrative inconvenience on local authorities. A full impact assessment has been prepared in relation to this Order. A copy is available at http://www.gov.uk/government/publications/legislative-reform-disclosure-of-adult-social-care-data-order-2025. A hard copy can be obtained by writing to Cabinet Office, 70 Whitehall, London, SW1A 2AS.
The explanatory note provides background information on the existing legislation, explaining the need for the amendments.
It highlights how the Order helps share matched adult social care data in England and Wales to combat fraud and streamline processes.
It mentions that the Order reduces administrative and financial burdens for local authorities and a full impact assessment is available.