Law Commission announces consultation to simplify social care law

2010-03-04 11:53:58

The Law Commission has launched a consultation process to overhaul the laws governing the provision of social care by local authorities in England and Wales. At present, an authority’s duties are covered by 38 separate Acts of Parliament, some dating back to the 1940s. The Law Commission wants to pull these together into a single new Act which could go before Parliament in two years time. In particular, the Law Commission wants to simply and streamline local authority processes for assessing social care needs, investigating suspected abuse or neglect, and making decisions according to a ‘national eligibility framework’. The revised laws would make it easier for people to receive community care services, such as meals on wheels, as councils would be obliged to assess their needs based on fixed criteria. The treatment of part-time carers, who do not currently qualify for carer support services, would also change. The new legislation will seek to give around 3.2 million part-time carers the same rights as their 2.2 million full-time counterparts. Councils would have to assess the needs of all carers and if they are eligible for financial help, make direct payments to fund support services such as respite care. Charities campaigning for the rights of vulnerable adults and their carers have welcomed the consultation process. Stephen Burke of Counsel and Care commented: ‘We are aware that the vast array of legislation and guidance is absolutely bewildering to older people and their carers. Pulling all the legislation together into one statute will bring much needed clarity about the rights of older people and their carers.’ However, the Guardian warns that the consultation paper’s proposal to dispense with a central definition of a disabled person or service user could ‘...expose some groups to potential loss of residential accommodation if their needs were judged low or moderate.’