7 A new offer for older people
113. As part of a commitment to a single integrated
commissioner for older people, the Committee would like to see
the Government make a new offer to older people. As the Department
of Health told us:
The state of current adult social care legislation
has been roundly criticised as opaque, complex and anachronistic.
Over 60 years, a patchwork of legislation has grown and evolved,
with more added from time to time to mould the framework to different
policy objectives, but without any substantial reform. There are
now around 30 different pieces of legislation which relate to
adult social care, with the base statute still the 1948 National
Assistance Act.[112]
114. This legal tangle not only makes social care
difficult to administer for professionals—it makes it almost
impossible for service users and carers to navigate. The Committee
also believes that, in addition to reform of the law, reform of
the way this is communicated with the public is also essential.
The Local Government Association told us:
With a range of assessments, means and needs tests,
charges, eligibility and interactions with other systems (such
as health and benefits) the adult social care system is incredibly
confusing for the individual. And as legislation has developed
piecemeal over time it is also often confusing for practitioners,
with different aspects of adult social care codified in primary
legislation, statutory instruments or set out in guidance. This
level of complexity in the current system is unsustainable for
the future.[113]
In their evidence to us, Age UK stated that:
A clear and consistent legislative framework is vital
if older people and carers are to be able to speak out and challenge
inadequate care.[114]
115. The
Committee supports the need for reform of the law governing social
care, but is clear that this cannot take place in isolation from
the law governing health, housing and welfare services. It believes
that a new, integrated legal framework is required which supports
integration of care around the needs of the individual, with a
focus on driving forward quality and improving outcomes.
112 Ev 134 Back
113
Ev 189 Back
114
Ev 148 Back
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