A New Legal Framework for Adult Social Care

Frances Patterson QC

Public Law Commissioner

In Control – Watch out, It’s the law 5 April 2011

Overview

Outline of the project

Areas of law reform

Next steps

Adult Social Care Project

A project to review and reform the law for the provision of adult social care in

England and Wales

Sponsored by the Department of Health and supported by the Welsh Assembly

Government

Adult social care project

Areas of Law Reform

2. The process for assessmentStructure of reform

Separate statutes in England and Wales

The role of guidance in our scheme

Statutory principles

2. The process for assessmentAssessment and eligibility

Duty to assess

Consulting service users and carers

The process of assessment

Single eligibility framework for all services

Care and support plans

A single duty to assess a carer who appears to be in need

Mandatory eligibility framework for carers’ services

Duty to meet the eligible needs of carers

Carers’ rights

Duty to investigate adult protection cases

Section 47 of the National Assistance Act 1948

Statutory Adult Safeguarding Boards (social services, NHS and the police)

Safeguarding

Portable

assessments

Transitional services for young people

Duties to co-operateReform of section 117

of the Mental Health Act

Personal budgets Section 21 of the

National Assistance Act

Health and social care divide

Advocacy services

Other areas

Next steps

Final report – May 2011

New legislation 2012?

For further information contact: Address Steel House

11 Tothill Street

London

SW1H 9LJ

Telephone 0203 334 0267

Email adultsocialcare@lawcommission.gsi.gov.uk

Website http://www.lawcom.gov.uk/adult_social_care.htm