healthcare update - issue 11
Adult social care to get a radical overhaul? Have your say...
It’s always nice to be asked what you think, and now is your
opportunity to have your say.
A consultation paper on adult social care setting out a
‘preliminary view about how the law should be reformed’ was
published on 24 February 2010. The goal is to unite the existing 38
statutes, guidance and regulations on adult social care into a
single statute. It aims to do for adult social care what the
Childrens Act 1989 did for children’s social care.
There are currently 1.77 million people receiving social care in
England and Wales and this figure is expected to double over the
next 20 years. With that in mind the government needs to get it
right.
The aim of the new law is to remove confusion and save taxpayers
millions every year by reducing litigation costs, complaints and
the need for such extensive training for social workers.
The proposed statute’s three core duties:
- Lower the threshold for Community Care Assessments including a
right to request an assessment; encourage co-produced
self-assessment and, wherever possible, favour home-based care
- Set out eigibility criteria as the sole means for determining
what services are needed
- Provide a care plan
The proposed Act places higher burdens on local authorities
imposing duties where there are currently discretionary powers.
There will need to be a closer relationship between health and
social care commissioners and providers.
It is proposed that a distinction between the two is maintained
but it is not clear how this will be achieved. Local authorities
need to understand how the proposed Social Care Act will fit in
with other laws, such as the NHS Act 2006, and immigration and
asylum, for example. Flexibility and discretion in the drafting of
the Act is crucial if uncertainty and increased litigation is to be
avoided.
Have your say before 31 July 2010 by sending your comments on
the proposed statute provisions to the Law Commission at adultsocialcare@lawcommission.gsi.gov.uk.
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The content of this update is provided for the purposes of general
interest and information. It contains only brief summaries of
aspects of the subject matter and does not provide comprehensive
statements of the law. It does not constitute legal advice and does
not provide a substitute for it.