A New Legal Framework for Adult Social Care Frances Patterson QC Public Law Commissioner In Control – Watch out, It’s the law 5 April 2011

Overview  Outline of the project  Areas of law reform  Next steps

Adult Social Care Project A project to review and reform the law for the provision of adult social care in England and Wales Sponsored by the Department of Health and supported by the Welsh Assembly Government Adult social care project

Areas of Law Reform

2. The process for assessment Structure of reform  Separate statutes in England and Wales  The role of guidance in our scheme  Statutory principles

2. The process for assessment Assessment and eligibility  Duty to assess  Consulting service users and carers  The process of assessment  Single eligibility framework for all services  Care and support plans

 A single duty to assess a carer who appears to be in need  Mandatory eligibility framework for carers’ services  Duty to meet the eligible needs of carers Carers’ rights

 Duty to investigate adult protection cases  Section 47 of the National Assistance Act 1948  Statutory Adult Safeguarding Boards (social services, NHS and the police) Safeguarding

Portable assessments Transitional services for young people Duties to co-operate Reform of section 117 of the Mental Health Act Personal budgets Section 21 of the National Assistance Act Health and social care divide Advocacy services Other areas

Next steps Final report – May 2011 New legislation 2012?

For further information contact: AddressSteel House 11 Tothill Street London SW1H 9LJ Telephone Websitehttp://