Adult social care

Book excerpt: This report on Adult Social Care recommends the most far-reaching reforms of adult social care law seen for over 60 years. Under the proposals, older people, disabled people, those with mental health problems and carers will, for the first time, be clear about their legal rights to care and support services. And local councils across England and Wales will have clear and concise rules to govern when they must provide services. Since the National Assistance Act 1948 adult social care law has been the subject of countless piecemeal reforms including new Acts of Parliament and a constant stream of regulations, circulars, directions, approvals and guidance. The proliferation of law has led to inefficiency in the system. Complex law also has the effect of stifling innovation, and make it difficult to promote flexibility and new policy approaches in practice. The report is divided into twelve Parts. Part 2 defines adult social care and Part 3 the structure of reform adopted. Parts 4 through to 8 set out core recommendations: Part 4 considers the role of statutory principles in providing an overall framework for decision making; Part 5 covers the role of community care assessments in determining a person's needs; Part 6 considers eligibility for services; Part 7 explores the equivalent assessment and eligibility processes for carers; and Part 8 considers the provision of services. Part 9 considers local authority adult protection functions. Finally, Parts 10 to 12 consider other issues, including ordinary residence and portability; areas where adult social care overlaps with other areas of law; and other outstanding issues.