Latest Solicitors News - March 2010

Law Commission calls for reforms on elderly care

The Law Commission has proposed a single statute on adult social care to replace the existing legal framework.

Currently the legislation for the needs assessment, eligibility and provision of services for residential care homes and community care, as well as protection for the elderly, disabled people and their carers, is spread across 38 Acts, with an additional mountain of policy guidance. Many of the regulations date back to 1948.

The new document would establish the core principles for making decisions on social care, as well as provide duties with respect to assessing an individual's requirements, providing community services for eligible people, investigating abuse or neglect, and meeting the needs of carers.

The Commission believes this scheme would clarify social care by reducing the red tape, delays and litigation involved - and also save public money - without changing the current entitlements.

The new scheme is independent of the government's current funding proposals concerning care for the elderly.