Better late than never … independent adult social work practices finally have a legal basis

Abstract

Purpose

In 2010, the Department of Health announced its intention to pilot arrangements for independent adult social work practices to exercise local authorities' adult social care functions. Supporting legislation was not made until August 2011. This paper seeks to illustrate the legal obstacles that local authorities ordinarily face if they intend for third‐party involvement in adult social care to extend beyond the provision of services.

Design/methodology/approach

This paper is an analysis of the Contracting Out (Local Authorities Social Services Functions) (England) Order, 2011.

Findings

The principal findings of this paper are twofold. After some delay, the Department of Health has put in place a legal framework to support the piloting of independent adult social work practices. The need for new law illustrates the general limitations faced by authorities that wish to contract out their adult social care decision‐making functions.

Originality/value

The paper's value lies in the analysis of the legal obstacles faced by local authorities who wish deeply to integrate their adult social care functions within the activities of third‐party providers.

Citation

Mitchell, E. (2011), "Better late than never … independent adult social work practices finally have a legal basis", Journal of Integrated Care, Vol. 19 No. 6, pp. 33-36. https://doi.org/10.1108/14769011111191449