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A recent Law Commission paper claims that the law on adult social care is complex and based on outdated concepts, and therefore needs to be reformed. The boundary between health care and social care services is less clear than it once was, but its existence can be damaging to service users. Although there is good evidence of integrated working, more needs to be done. Existing duties could be consolidated, or health care and social care bodies ‐ and perhaps others ‐ could be placed under a general duty to co‐operate.

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.

This article discusses the Law Commission's proposals for the reform of adult social care, with a particular emphasis on the specific proposals relating to adult protection. It argues that a future adult social care statute should clarify the existing legal position by placing a duty on local social services authorities to make enquiries and take appropriate action in adult protection cases. The definition of an adult at risk for the purposes of the duty to investigate is also considered and a proposal is put forward for how this might be defined in the statute. The article also proposes that the compulsory removal power under section 47 of the National Assistance Act 1948 (HM Government, 1948) should be repealed, that adult safeguarding boards should be placed on a statutory footing and that duties to co‐operate in adult protection should be introduced. Finally, concerns are raised that the current lack of statutory provision for adult protection may mean that there is confusion over the precise legal status of the guidance No Secrets (Department of Health & Home Office, 2000) and In Safe Hands (Welsh Assembly Government, 2000) and what actions this can authorise.

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.

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.

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.

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.

In May 2011, the Law Commission proposed wide‐ranging reform to adult social care law for England and Wales. This paper aims to identify and analyse the implications for integrated care and other forms of collaboration in health and social care.

The paper takes the form of an analysis of the Law Commission's final report.

The Law Commission proposes a number of changes designed to facilitate joint working between local authorities and NHS bodies in England and Wales and the Law Commission's approach marks a departure from the current reliance on consensus and soft‐edged rules such as government guidance to bring about more integrated care.

The paper analyses the changes to practice that would result from implementation of the Commission's recommendations.

The purpose of this paper is to set out the Law Commission's final recommendations for the reform of adult social care, with a particular emphasis on the recommendations for a new legal framework for adult safeguarding in England and Wales.

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

The paper argues that a single legal framework for adult social care, including adult safeguarding, with 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 understand fully their responsibilities.

The paper provides a clear summary of the Law Commission's final report – in particular the recommendations for adult safeguarding.

The provisional proposals in the Law Commission's consultation paper are described as an important first step towards the introduction of legislation that is clear, consistent and modern. But are the proposed reforms radical enough to achieve the policy goal of greater integration of services?

The purpose of this paper is to explore and critique the conceptual and terminological shift – particularly from “vulnerability” to “adult at risk” – in adult safeguarding under the Care Act 2014 and the Social Services and Well-being (Wales) Act 2014.

The paper compares the notion of the vulnerable adult in safeguarding, with the notion of an adult at risk under the Care Act 2014 and the Social Services and Well-being (Wales) Act 2014 and questions to what extent such a shift addresses existing criticisms of “vulnerability”.

The paper criticises the notion of the “vulnerable adult” for perpetuating the stigma associated with an impairment or disability, and for the types of legal and policy responses deemed appropriate under such an understanding of vulnerability. While efforts to replace the term “vulnerable adult” with “adult at risk” are, to some extent, to be welcomed, “adult at risk” under the legislation relies on the same characteristics for which the “vulnerable adult” has been criticised. Nevertheless, the safeguarding provisions under the two Acts have made some strides forward in comparison to their legal and policy predecessors and the notion of the “vulnerable adult”.

This paper’s originality and value lie in its scrutiny of the notion of “vulnerability” in adult safeguarding, in comparison to the newer terminology of an “adult at risk”, whilst also suggesting that in important respects – in relation to the interventions deemed appropriate where an adult is perceived to be at risk – the two pieces of legislation are a marked improvement on their predecessors. It also offers some thoughts as to how criticisms of the new legislation may be overcome.

The purpose of this paper is to consider the background to the recent changes to adult safeguarding in Wales as a result of the new measures introduced by the Social Services and Well-being (Wales) Act 2014 and discuss their potential impact.

The paper relies on a range of material including reports published by the Law Commission, the National Assembly for Wales and other public bodies. It also refers to academic and practitioner material in journals and government guidance.

Although the Social Services and Well-being (Wales) Act 2014 introduced many changes in adult safeguarding in Wales, not least the duty to make enquiries, it does not take the opportunity to include statutory powers of barring and removal. The introduction of Adult Protection and Support Orders (APSOs) is a cautious step forward – perhaps it is too cautious. More research in needed on the different approaches across the UK.

At the time of publication, the full effect of the new legislation has not been seen. Local authorities and others are coming to terms with the new provisions. No data on the impact of the new legislation are yet available. The paper identifies future research evaluating the working of the different approaches to safeguarding within the UK.

For practitioners, the new legislation provides opportunities to rethink the approach to safeguarding. The lower threshold for referrals will mean an increase in caseloads and the need to react to both low- and high-risk cases. For authorised officers, the practical issues identified relate to the circumstances in which an APSO may be sought and what can be put in place to protect the adult at risk once the order has been used.

For those who experience abuse or neglect, the new legislation provides additional support when compared to the POVA process. The duty to make enquiries and the duty to report will hopefully strengthen protection and, with a lower threshold for referral, enable more preventative work to be done at an earlier stage. Whether the new APSO will make a difference remains to be seen.

As this is new legislation, there is very little analysis of the implications of the Social Services and Well-being (Wales) Act 2014 in relation to safeguarding. This paper presents an overview and, in places, a critical analysis of the new safeguarding duties.

Vulnerable adults have recently gained greater protection. A lot of attention has focused on the effect of the Mental Capacity Act 2005 (MCA) and the Safeguarding Vulnerable Groups Act 2006, but many significant provisions can be found elsewhere. It may be that those provisions, and the possibilities they introduce, are not fully understood by those who could make the best use of them. That would be unfortunate. Where it enjoys powers for adult protection purposes, a public authority might have to explain any failure to use them, particularly where that failure has unfortunate consequences. This paper does not deal directly with the law on adult social care. Nor even, in general terms, does it describe the law relating to the safeguarding of vulnerable adults. It does, however, discuss some of the more significant adult protection provisions and in the process, refers to the No Secrets guidance, which was published in 2000 and remains the chief resource for adult protection work. (Department of Health & Home Office, 2000).