Care laws need reform says Law Commission

The Law Commission has called for a shakeup of outdated laws governing care provided to the elderly and disabled.

The Commission, which advises the Government on law reform, said reform will save red tape, delays and litigation, and public money.

Adult social care provides essential services such as residential care homes, community care, and protection for the elderly, disabled people and their carers.

The law governs needs assessment, eligibility and services provided. But the rules are currently spread across 38 separate Acts of Parliament, with most services still delivered under an Act of 1948. There is also a mass of policy guidance.

The Commission proposals include a single statute to replace the current legal framework.

Provisional proposals include establishing core principles to guide social care decisions; introducing a duty to assess individuals' needs; a duty on local authorities to provide community services for those eligible; the introduction of a single duty to assess the needs of carers; a duty on local authorities to investigate abuse or neglect.

Frances Patterson QC, the Law Commissioner leading the project, said: "It is unacceptable that people should have to look at more than 38 Acts of Parliament, plus thousands of pages of guidance, to work out what the system is for delivering these essential services. We are seeking to bring clarity to the system of social care. We are not seeking to change existing entitlements."

The Law Commission's review does not look at the funding of adult social care and is independent of the current Government proposals in relation to the funding of care for older people.