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A New Legal Framework for Adult Social Care Frances Patterson QC Public Law Commissioner

A New Legal Framework for Adult Social Care Frances Patterson QC Public Law Commissioner. In Control – Watch out, It’s the law 5 April 2011. Overview. Outline of the project Areas of law reform Next steps. Adult Social Care Project. Adult social care project.

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A New Legal Framework for Adult Social Care Frances Patterson QC Public Law Commissioner

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  1. A New Legal Framework for Adult Social Care Frances Patterson QC Public Law Commissioner In Control – Watch out, It’s the law 5 April 2011

  2. Overview • Outline of the project • Areas of law reform • Next steps

  3. Adult Social Care Project Adult social care project Sponsored by the Department of Health and supported by the Welsh Assembly Government

  4. Areas of Law Reform

  5. Structure of reform 2. The process for assessment • Separate statutes in England and Wales • The role of guidance in our scheme • Statutory principles

  6. Assessment and eligibility 2. The process for assessment • Duty to assess • Consulting service users and carers • The process of assessment • Single eligibility framework for all services • Care and support plans

  7. A single duty to assess a carer who appears to be in need Mandatory eligibility framework for carers’ services Duty to meet the eligible needs of carers Carers’ rights

  8. Duty to investigate adult protection cases Section 47 of the National Assistance Act 1948 Statutory Adult Safeguarding Boards (social services, NHS and the police) Safeguarding

  9. Other areas

  10. Next steps

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