By Helen Mooney
11 May 2011
Adult social care laws in England and Wales should be ‘radically overhauled’ in preparation for a more coherent system, according to the Law Commission.
The commission published its Adult social care report today, which calls for one single piece of legislation to replace more than 40 laws that cover the current care system.
The report is the first of two reviews of social care commissioned by the government. They will be used by ministers to reform the system in coming years.
Today’s report says the present care system is ‘outdated and flawed’. It calls for a ‘single, clear, modern statute’ and also wants to councils to be given ‘clear and concise rules’ on when they must provide services.
Frances Patterson QC, the public law commissioner leading the review, said: ‘Our recommendations will bring much-needed clarity and accessibility to this important area of the law, and have a major, beneficial impact on the lives of many of our most vulnerable citizens.’
The commission’s recommendations include: 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; and giving adult safeguarding boards a statutory footing.
Care services minister Paul Burstow said that the government would look closely at the recommendations.
‘This report provides foundation for the most significant single reform of social care law in 60 years,’ he added.
The other social care review, by an independent commission chaired by economist Andrew Dilnot, will look at future funding models and is due to be published in July.
A white paper is expected later this year and legislation in 2012.
