A single, clear, modern law and code of practice that would pave the way for a coherent social care system, has been called for by the Law Commission, following a three year review of adult care law.
The commission says current laws, totalling over 40, are outdated and flawed; and should be replaced by a single law that clearly states people’s legal rights entitlements.
The review is the first of two that government ministers will use to reform social care in England. The independent Dilmot Commission has been set up to look at how social care should be funded. It will report in July 2011.
The Law Commission recommends:
- putting the individual’s wellbeing at the heart of decision-making, using new statutory principles
- giving carers new legal rights to services
- placing duties on councils and the NHS to work together
- building a single, streamlined assessment and eligibility framework
- protecting service users from abuse and neglect with a new legal framework
- and, for the first time, giving adult safeguarding boards a statutory footing.
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