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The Law Commission's final recommendations for a new adult social care statute

Tim Spencer‐Lane (Lawyer at the Law Commission, London, UK)

Social Care and Neurodisability

ISSN: 2042-0919

Article publication date: 17 November 2011

92

Abstract

Purpose

This paper seeks to set out the Law Commission's final recommendations for the reform of adult social care, including the community care assessment process, service provision, and the recommendations for a new legal framework for adult safeguarding in England and Wales.

Design/methodology/approach

The paper discusses each of the Law Commission's recommendations for adult social care and contrasts them with the proposals put forward at the consultation phase of the review.

Findings

The paper argues that a single legal framework for adult social care, including adult safeguarding, will have substantial benefits in terms of legal clarity, consistency, and efficiency. A clear and single legal framework is important for older and disabled people, and their carers, in order to understand fully their entitlements, and for local authorities and partnership agencies (such as the NHS and the police) in order to fully understand their responsibilities.

Originality/value

The paper provides a clear summary of the Law Commission's final report – in particular the recommendations for community care assessments and service provision and adult safeguarding.

Keywords

Citation

Spencer‐Lane, T. (2011), "The Law Commission's final recommendations for a new adult social care statute", Social Care and Neurodisability, Vol. 2 No. 4, pp. 226-233. https://doi.org/10.1108/20420911111188489

Publisher

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Emerald Group Publishing Limited

Copyright © 2011, Emerald Group Publishing Limited

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