I have now had the local authority telling me that they do not have to follow the SDS statutory guidance because it is not legislation. Does anyone have any views on this assertion?
They’re not wrong, but given that the “Guidance explains what authorities should do to make sure that people are able to get the support that is right for them,” I would question how else the local authority are ensuring that people are getting the support that is right for them without following this.
They are correct in that statutory guidance is not legislation, but they have a legal obligation to follow it unless they have a very good reason not to. So they are wrong to think they can ignore it. They obviously think that no one is going to mount a legal challenge.