Confusing and outdated social care laws ‘must be reformed’

Cathy Reay

The “confusing jumble” of adult social care laws are in “urgent need of reform”, according to a new report.

The Law Commission’s “scoping report”, which sets out key areas of legislation that need to be addressed, says current laws are a “confusing patchwork of conflicting statutes”.

The commission said it believes the Department of Health is likely to approve a law reform project, including a public consultation, that covers most of the areas in its report.

Areas of the law that need to be addressed, according to the report, include legal duties to carry out community care assessments, hosital discharge assessments, eligibility for services, charging, direct payments, and the ordinary residence rules which establish which council is responsible for providing services.

Kenneth Parker QC, the commissioner leading the project, said: “The legal framework of adult social care is inadequate, difficult to understand and outdated.

“There is no single modern statute to which disabled people, carers and social care staff can look to understand whether services can or should be provided.”

The report also says that existing social care laws contain “outdated language” and discriminatory concepts, using terms such as “blind, deaf, dumb and crippled persons” and “substantially and permanently handicapped”.

Dr Alice Maynard (pictured), chair of disability charity Scope, said: “Reform of the outdated and fragmented laws governing adult social care is urgently needed if the government is to deliver on its pledge to achieve equality for disabled people by 2025.

“We hope this review will help streamline and simplify the current legal framework and remove the confusion and injustice that the piecemeal development of social care legislation has created.”

1 December, 2008