The document outlines a project to create a new framework for delivering adult social care in England and Wales. It recommends repealing existing statutes and replacing them with single statutes for each nation. Key recommendations include establishing a "well-being principle" focused on the individual's views, a single duty to assess needs, a mandatory eligibility framework, enforceable duties to meet eligible needs, assessing carers' needs, and statutory safeguarding boards. Next steps include an engagement exercise in 2011, a white paper in 2012, and potential new legislation in 2012.
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Frances Patterson: Creating a new framework for delivering adult social care
1. Creating a new framework for delivering adult social care Frances Patterson QC Public Law Commissioner Beyond Dilnot – A New Future for Social Care? 20 September 2011
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3. Outline of project Stage 1: Scoping Review June – Nov 2008 Scoping review November 2008 Publication of the scoping report Stage 2: Substantive Project February 2010 Publication of consultation paper February – July 2010 Public consultation May 2011 Publication of final report Next steps Legislation in second session of Parliament
4. Adult social care statutes NHS Acts 2006 Health and Social Care Act 2001 Carers’ legislation NHS and Community Care Act 1990 Disabled Persons Act 1986 Section 117 of the Mental Health Act 1983 Chronically Sick & Disabled Persons Act 1970 Health Services and Public Health Act 1968 National Assistance Act 1948 Existing legal framework
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6. The well-being principle The person is the best judge of their well-being Follow person’s views, wishes and feelings Decisions not to be based on assumptions Individuals should be involved in decision making Balance with the well-being of others Safeguard from abuse and neglect Least restrictive solution Individual well-being
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11. Other recommendations Portable assessments Transitional services for young people List of services and outcomes Reform of section 117 of the Mental Health Act Rights to care and support plans Section 21 of the National Assistance Act retained Clarification of health and social care divide Statutory advocacy services
12. Next steps Engagement exercise 2011 White Paper 2012 New legislation 2012?