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Reform of adult social care law

Last post 06-13-2008 7:00 AM by cb. 1 replies.
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  • 06-12-2008 11:52 AM

    Reform of adult social care law

    The Law Commission has started looking at the panoply of law, dating back 60 years, on adult social care, in a massive project which could result in a single, overarching act, similar to the Children Act 1989.

    Problems identified include outdated concepts - the National Assistance Act 1948 boasts "congenitally deformed" and, of course, "handicapped" in quite a crucial definition of disability - contradictions - provisions on carers assessments in four different statutes, each somewhat different - and the fact that it's just so hard for lawyers, let alone practitioners, providers, users and carers to understand. And all this creates inefficiences in services - due to time and resources spent interpreting the law - and cost (in terms of increased litigation).

    Here's our story on it. The next edition of our podcast, Ivory Tower, will be covering it too.

    Anyone had any particular issues with interpreting the law?

  • 06-13-2008 7:00 AM In reply to

    • cb
    • Top 10 Contributor
      Female
    • Joined on 04-28-2008
    • London

    Re: Reform of adult social care law

     Well, I've tried to use Section 47 of the National Assistance Act (1948) and it's a bit of a mess. I think that is generally accepted. I've heard one anecdotal story of someone who knows someone who might have been able to use it successfully but issues like that and some adult protection procedures in general, really need more bite to them. I really hope that is addressed in any proposed new legislation. 

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