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Government backs separate social care laws

10 September 2010 - Hannah McLaverty-Williamson

The government has backed plans for England and Wales to have separate adult social care laws.

In its proposal submitted to the Law Commission's review of adult social care law, the government suggested that separate statutes would make the law clearer in the future. However, it said the issue would need to be considered whilst taking into account the referendum on further powers for the Welsh Assembly, which is due to be held early next year.

However, the government's backing of separate statutes which could lead to new regulations for those in social care jobs, is likely to have upset the Association of Directors of Social Services Cymru.

As reported in Community Care magazine, the ADSS Cymru said its own submission: "In principle, we support the need for a single adult social care statute for England and Wales as primary legislation to st out the duties imposed and powers conferred on local authorities."

The government have already requested for fewer duties to be imposed on councils, but said it supported the proposal to give adult social services departments the ability to assess 16 and 17 year olds to improve transition between services.

However, the government did not back the notion of putting adult safeguarding boards on a statutory footing nor did they support proposals to impose a duty on councils to assess carers performing the role or services that could be met by carers services, claiming they would need to consider the implication such a duty would have on resources.

The outcome of the Law Commission's review of all social care laws is expected to be published in their final report in April.

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