Law Commission report on Adult Social Care lauded

The Law Commission has released a recommendation for a statute and code of practice to pave the way for a coherent social care system.

The Commission's report, "Adult Social Care", has been praised by both the Association of British Insurers (ABI) and long term care financial product providers Partnership.

The Law commission aims that , under the reforms, older people, disabled people, those with mental health problems and carers will be clear about their legal rights to care and support services.

Local councils across England and Wales would have clear and concise rules to govern when they must provide services.

The commissions recommendations are:

• putting the individual's wellbeing at the heart of decision-making,
• using new statutory principles,
• giving carers new legal rights to services,
• placing duties on councils and the NHS to work together,
• building a single, streamlined assessment and eligibility framework,
• protecting service users from abuse and neglect with a new legal framework,
• giving adult safeguarding boards a statutory footing.
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Responding, Partnership highlighted the recommendation that the ‘statute should place duties on local authorities to provide information, advice and assistance services in their area and to stimulate and shape the market for services'.

This upgrades the local authority's responsibility from a ‘power' to a ‘duty'.

Chris Horlick, Managing Director for Care, at Partnership said. "We have been campaigning for the right of self funders (people with assets including property exceeding £23,250 in England who have to pay for their care and support) to be sign-posted to appropriate financial advice.

"In 2009 of the 53,000 self funders who entered residential care only 7,000 received appropriate financial advice.

"We believe that the Law Commission's requirement for Local Authorities to take on a greater role in advising and signposting services to adults needing social care and support, can only be beneficial to self funders who need this critical financial service advice."

The insurer added that a Local Government Information Unit report (Independent Ageing: Council Support for Care Self-Funders) found only 3% of councils who responded provided a list of independent financial advisers who could give advice about care funding products and that 25% of self funders ultimately fall back on state funding

The ABI called the report "an important step towards creating a sustainable future for Long Term Care."

Nick Kirwan, assistant Director, Health & Protection, ABI, said: "We support the Law Commissions findings to have a single, clear statute - we have been calling for some time for the simplification of the system and these recommendations will help achieve this.

"We are also very supportive of the Commission's recommendations for a streamlined assessment and eligibility framework."

He added that the ABI's publication ‘A sustainable future for long term care' (October 2010) - called for clearer care assessments.

"We are pleased that the Law Commission has recognised this need. We hope that Government recognises and follows through with these recommendations," he said.