Law review backs off giving social workers powers of entry

The Law Commission has failed to recommend giving social workers powers to enter people’s homes to help investigate adult abuse, in its proposed reforms to adult care law.

Last month the idea was given backing by Supreme Court judge and social care law expert Baroness Hale, who said powers of entry were needed to back up an interim Law Commission proposal for councils to be under a duty to investigate adult safeguarding cases.

[Read our full analysis of the Law Commission’s proposals.]

“There is at the very least a need for a power to gain entry to premises and access to a person thought to be at risk and to interview and, if appropriate, examine him or her in private,” said Hale.

However, the Law Commission said this was an issue for government to decide upon.

It has pressed ahead with recommending that councils be given a duty to investigate cases where adults have health or social care needs, are at risk of harm and are unable to safeguard themselves because of their care needs.

Social services would be given the lead role in carrying out these investigations under the commission’s scheme.

What do you think of the Law Commission’s plans? Join the debate on CareSpace.

Read legal analyst Ed Mitchell’s verdict on the report.

Further coverage of the report

Biggest shake-up in adult social care law in 60 years proposed

Related articles

Social workers may gain power of entry in adult abuse cases

What do you think?Join the debate on CareSpace

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