The legal framework for the provision of adult social care services is long overdue and the Law Commission’s final report setting out recommendations for the reform paves the way for the introduction of a single act for adult social care, equivalent to the Children Act. The Government will introduce legislation in 2012 to implement the Law Commission’s recommendations. The current legal framework consists of a complex and confusing patchwork of legislation including 38 statues, the oldest of which dates back to 1948; outdated both in language and approach, it represents a time of institutional rather than personal care.
It is hoped that the new legislation will introduce a clear set of overarching prinicples to guide decision-making and which will be accessible to the lay person, ensuring they can understand their entitlements and have recourse to the legislation if the system fails them.
