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Frances Patterson: Creating a new framework for delivering adult social care

Frances Patterson QC, Public Law Commissioner at the Law Commission, outlines the recommendations set out in the new legal framework for adult social care.

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Frances Patterson: Creating a new framework for delivering adult social care

  1. 1. Creating a new framework for delivering adult social care Frances Patterson QC Public Law Commissioner Beyond Dilnot – A New Future for Social Care? 20 September 2011
  2. 2. Overview <ul><li>Outline of the project </li></ul><ul><li>Our final recommendations </li></ul><ul><li>Next steps </li></ul>
  3. 3. 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
  4. 4. Adult social care statutes NHS Acts 2006 Health and Social Care Act 2001 Carers’ legislation NHS and Community Care Act 1990 Disabled Persons Act 1986 Section 117 of the Mental Health Act 1983 Chronically Sick & Disabled Persons Act 1970 Health Services and Public Health Act 1968 National Assistance Act 1948 Existing legal framework
  5. 5. <ul><li>Single statutes for each of England and Wales </li></ul><ul><li>Repeal the general power to issue directions </li></ul><ul><li>A single code of practice </li></ul>Structure of reform
  6. 6. The well-being principle The person is the best judge of their well-being Follow person’s views, wishes and feelings Decisions not to be based on assumptions Individuals should be involved in decision making Balance with the well-being of others Safeguard from abuse and neglect Least restrictive solution Individual well-being
  7. 7. 2. The process for assessment Individual assessment <ul><li>Single duty to assess based on appearance of need </li></ul><ul><li>Right to refuse an assessment </li></ul><ul><li>Duty to consult service users and carers </li></ul><ul><li>Community care assessment regulations </li></ul>
  8. 8. 2. The process for assessment Eligibility for services <ul><li>A single eligibility framework for all services </li></ul><ul><li>Duty on Government to set out the framework in regulations </li></ul><ul><li>Councils to set eligibility criteria </li></ul><ul><li>Enforceable duty to meet all eligible needs </li></ul>
  9. 9. <ul><li>A single duty to assess any carer providing care to another person </li></ul><ul><li>No need to request an assessment - duty to be triggered by the appearance of need </li></ul><ul><li>Mandatory eligibility framework for carers’ services and duty to meet eligible needs of carers </li></ul>Carers’ rights
  10. 10. <ul><li>Duty to investigate in safeguarding cases </li></ul><ul><li>No emergency and compulsory powers unless the Government wants them </li></ul><ul><li>Repeal of section 47 of the National Assistance Act 1948 </li></ul><ul><li>Statutory Adult Safeguarding Boards (social services, NHS and the police) </li></ul>Safeguarding
  11. 11. 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
  12. 12. Next steps Engagement exercise 2011 White Paper 2012 New legislation 2012?