Law Commission to clear 'mess' over adult social care statutes

The first steps in rationalising a ‘confusing jumble of statutes’ governing adult social care were set out this week by the Law Commission.

A scoping paper, expected to be approved by the Department of Health, proposes a single modern statute that can be understood by ordinary citizens and carers as well as lawyers.

Some 30 Acts of Parliament dating back 60 years cover the area, making its reform one of the biggest pieces of work the commission has embarked upon.

Kenneth Parker QC, the commissioner leading the project, said: ‘This area of legislation has been allowed to grow and is complicated. The job has to be done.’

The paper proposes casting a critical eye over laws governing eligibility for services, especially when moving from one local authority area to another. Layers of legislation covering community care assessments should also be removed, it says.

Law Commission lawyer Tim Spencer-Lane said: ‘Among community care lawyers the general consensus is the situation is a mess. If lawyers cannot understand the law, how can a carer understand?’

A consultation paper on the reforms is due in November 2009, with a final report and bill expected in 2010.