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Posted: 21 November 2002 | Subscribe Online


The Queen's Speech contained seven new pieces of legislation relevant to the social care field.

Adults needing social care, young offenders, and the future of local government itself will all be affected, although there was jubilation among practitioners and users that the Mental Health Bill had been left out. Alas, the celebrations were short-lived, with health secretary Alan Milburn announcing later in the week that he would press ahead with the controversial legislation. Perhaps top of the government's list was the Anti-Social Behaviour Bill. There will also be legislation to allow councils to be fined for delayed discharges, a Sexual Offences Bill to clamp down on internet paedophiles, and a Criminal Justice Bill to place more emphasis on community sentences.

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The Health and Social Care Bill will open the way to the creation of "foundation" hospitals free from Whitehall control, as well as the establishment of the two new inspection authorities, the Commission for Social Care Inspection and the Commission for Healthcare Audit and Inspection.   

Bill Badham, development officer, National Youth Agency
"We were nearly saved from the Mental Health Bill - that was the surprise. But the obsession with crime is no surprise: there is always more political mileage in generating moral panic about antisocial behaviour (especially if scapegoating young people) and setting up a centralised antisocial behaviour unit rather than resourcing preventive measures such as effective youth work."

Bob Hudson, principal research fellow, Nuffield Institute for Health, University of Leeds
"The creation - and likely roll-out - of foundation hospitals is of huge significance for adult social care. Acute trusts are already the weakest links in local partnership chains, and this new status will only increase their insularity. The government urges the NHS and social care to work more closely together, then introduces policies like this and the ill-judged fines for delayed discharge of people from hospitals, which will make the job so much harder. The proposal to have foundation hospitals run by locally elected bodies is bizarre, taking us back to a 19th century model where separate local services like boards of guardians and school boards were run by separately elected bodies. That's why local government was invented!"

Julia Ross, executive director for health and social care, London Borough of Barking and Dagenham

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"Overall it's good to see the prominence of health and social care, although instead of the Community Care (Delayed Discharges) Bill I'd have preferred to see a "Whole Systems Working Bill". Ever optimistic, I hope there's still a chance to influence this. I was delighted to see the implied rethink in the absence of the Mental Health Bill, a very welcome chance for us all to influence Home Office thinking towards a better outcome."

Felicity Collier, chief executive, Baaf Adoption and Fostering
"It is incredible to reflect that in the past 10 years, there have been 11 Criminal Justice Acts - it is tempting to believe that being seen to take action on crime is a pre-requisite of a successful government. I despair about the size of our prison population and the increasing public intolerance of our young people; every new measure results in a wave of hysteria about how bad the problem really is. Why can't we pay more attention to getting the current legislation right, resourcing our youth justice teams and the National Probation Service - now that might really make a difference."

Martin Green, chief executive, Counsel and Care for the Elderly
"I welcome the government's desire to improve discharge processes for older people, but I have grave concern's over the way this is proposed in the Queen's Speech. Fining local authorities will further distort the discharge of older people and patients will be placed on the basis of the need to empty a bed rather than on the criteria of the best placement for the older person."



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