The Law Commission Report
Today’s report from the Law commission is a positive development although unlikely to cause much surprise in the care sector. That the current system is ‘flawed and outdated’ is not news for those of us that work with this legislation.
The original National Assistance Act 1948, with its outdated references to ‘dumb and crippled persons’ has been followed by almost 40 other pieces of legislation, many of which conflict. The Commission calls for the existing system to be replaced with a new single piece of legislation clarifying the rights and benefits available to older people.
Law Commissioner Frances Patterson QC said: “Today signals a significant step in moving us closer to a clearer and more coherent framework for adult social care. Our recommendations will bring much needed clarity and accessibility, and have a major, beneficial impact on the lives of many of our most vulnerable citizens.”
Currently one person can have their care needs assessed by three different parts of government for different care and benefits, leading to stress, confusion and inconsistent outcomes.
The confused legislation means that local authorities have effectively set up their own social care systems causing entitlements that are different across the country.
Many people find it difficult to understand what they are entitled to and how to access the help that they need.
Read the full report here.
What will happen next?
Initially nothing. This report begins a narrative on social care that will be picked up again in July when Andrew Dilnot’s commission on funding social care reports.
This is the important one because the current funding system is broken virtually beyond repair. Local authorities have consistently tightened what they will pay for care on a ‘take it or leave it basis’ and the resulting fee is frequently lower than the cost of providing the care. The UK’s largest care provider is in significant difficulty and many more will follow. More on this in a later blog.
A white paper is planned towards the end of this year with legislation in 2012.
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