The reform of the law governing the social care of adults in England and Wales

Abstract

The law and guidance concerning the social care of adults are a mess. More than 30 statutes and guidance documents deal with this area, many of which overlap or contradict each other, some dating back five decades. Because of this, the Law Commission has been asked to review the law and propose changes, which is, as the Law Society Gazette has put it, ‘the most radical shake‐up of adult social care in 60 years’ (Rayner, 2010). It is estimated that such legislation would affect 1.8 million people and six million carers (Brindle, 2010). The consultation document was published in February 2010 following a scoping exercise, and the closure date for responses was the 1st July 2010. The hope is that the consultation exercise will result in a response next year and a Bill drafted by the summer of 2012. In this article, we review the background to the consultation, and explore the Law Commission's proposals for reform. We examine the issues with particular reference to the readership of this journal, and make suggestions for change. We have also submited this article to the Law Commission as a response to the consultation document.

Citation

Mackenzie, R. and Watts, J. (2010), "The reform of the law governing the social care of adults in England and Wales", Tizard Learning Disability Review, Vol. 15 No. 3, pp. 46-52. https://doi.org/10.5042/tldr.2010.0405