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Frances Patterson's presentation from Age UK's Decision time for care reform event on 22nd September 2011

Frances Patterson's presentation from Age UK's Decision time for care reform event on 22nd September 2011

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Frances Patterson Presentation Frances Patterson Presentation Presentation Transcript

  • The Law Commission proposals: a framework for change Frances Patterson QC Public Law Commissioner Decision Time for Care Reform 22 September 2011
  • Outline of project Stage 1: Scoping Review June – Nov 2008 Scoping review November 2008 Publication of the scoping report Stage 2: Substantive Project February 2010 Publication of consultation paper February – July 2010 Public consultation May 2011 Publication of final report Next steps Legislation in second session of Parliament
    • Single statutes for each of England and Wales
    • Repeal the general power to issue directions
    • A single code of practice
    • Overarching well-being principle
    Structure of reform
  • 2. The process for assessment Assessment and eligibility
    • Single duty to assess based on appearance of need
    • Right to refuse an assessment
    • Duty to consult service users and carers
    • Community care assessment regulations
    • Single eligibility framework for all services in regulations
    • A single duty to assess any carer providing care to another person
    • No need to request an assessment - duty to be triggered by the appearance of need
    • Mandatory eligibility framework for carers’ services and duty to meet eligible needs of carers
    Carers’ rights
    • Duty to investigate in safeguarding cases
    • No emergency and compulsory powers unless the Government wants them
    • Repeal of section 47 of the National Assistance Act 1948
    • Statutory Adult Safeguarding Boards (social services, NHS and the police)
    Safeguarding
  • Other recommendations Portable assessments Transitional services for young people List of services and outcomes Reform of section 117 of the Mental Health Act Rights to care and support plans Section 21 of the National Assistance Act retained Clarification of health and social care divide Statutory advocacy services
  • Next steps Engagement exercise 2011 White Paper 2012 New legislation 2012?
  • For further information contact: Address Steel House 11 Tothill Street London SW1H 9LJ Telephone 0203 334 0267 Email [email_address] Website www.justice.gov.uk/lawcommission/areas/adult-social-care.htm