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1 – 10 of 631The purpose of this paper is to provide a brief overview of the Law Commission’s final report and recommendations on the reform of the deprivation of liberty safeguards under the…
Abstract
Purpose
The purpose of this paper is to provide a brief overview of the Law Commission’s final report and recommendations on the reform of the deprivation of liberty safeguards under the Mental Capacity Act.
Design/methodology/approach
Summary of main report.
Findings
The proposals contained in the Law Commision Review and proposals for law reform are outlined.
Originality/value
This is a summary.
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Keywords
This article discusses the Law Commission's proposals for the reform of adult social care, with a particular emphasis on the specific proposals relating to adult protection. It…
Abstract
This article discusses the Law Commission's proposals for the reform of adult social care, with a particular emphasis on the specific proposals relating to adult protection. It argues that a future adult social care statute should clarify the existing legal position by placing a duty on local social services authorities to make enquiries and take appropriate action in adult protection cases. The definition of an adult at risk for the purposes of the duty to investigate is also considered and a proposal is put forward for how this might be defined in the statute. The article also proposes that the compulsory removal power under section 47 of the National Assistance Act 1948 (HM Government, 1948) should be repealed, that adult safeguarding boards should be placed on a statutory footing and that duties to co‐operate in adult protection should be introduced. Finally, concerns are raised that the current lack of statutory provision for adult protection may mean that there is confusion over the precise legal status of the guidance No Secrets (Department of Health & Home Office, 2000) and In Safe Hands (Welsh Assembly Government, 2000) and what actions this can authorise.
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The purpose of this paper is to introduce the readership to the consultation being held by the Law Commission concerning proposed revisions to the Deprivation of Liberty…
Abstract
Purpose
The purpose of this paper is to introduce the readership to the consultation being held by the Law Commission concerning proposed revisions to the Deprivation of Liberty Safeguards (DoLS).
Design/methodology/approach
Discussion of the consultation being held by the Law Commission concerning proposed revisions to the DoLS.
Findings
These are as yet unknown as the consultation period is ongoing – it is planned that a future paper will examine the findings and recommendations from the consultation process.
Practical implications
There has been criticism of the DoLS since their introduction in 2009. A new scheme provides the opportunity to respond to some of the criticisms and to develop more appropriate processes. The paper invites readers to take part in the consultation process and to respond to the proposals that have been developed.
Social implications
A new and more appropriate scheme would be beneficial for service users and families/caregivers.
Originality/value
This is the first opportunity for a revision to the DoLS scheme and introduction of the proposed scheme and the consultation process to the readership is highly appropriate and valuable to the Journal.
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Abstract
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– The purpose of this paper is to summarise the Law Commissions’ final report and draft Bill on the regulation of health and social care professionals.
Abstract
Purpose
The purpose of this paper is to summarise the Law Commissions’ final report and draft Bill on the regulation of health and social care professionals.
Design/methodology/approach
To summarise the key recommendations that are relevant to adult safeguarding.
Findings
The final report concludes that new legislation is needed to govern the UK regulators of health and social care professionals.
Originality/value
The paper sets out the recommended new legal framework.
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The purpose of this paper is to set out the Law Commission's proposals for the reform of the law relating to UK health professional regulation and, in England only, social workers.
Abstract
Purpose
The purpose of this paper is to set out the Law Commission's proposals for the reform of the law relating to UK health professional regulation and, in England only, social workers.
Design/methodology/approach
The paper summarises the main provisional proposals from the consultation paper.
Findings
The consultation paper argued for the reform of the law in this area.
Practical implications
There are suggestions for reforming the law which could form the basis of a new legal framework introduced in 2014.
Originality/value
The paper sets out the proposed new legal framework.
Details
Keywords
The purpose of this paper is to set out the Law Commission's final recommendations for the reform of adult social care, with a particular emphasis on the recommendations for a new…
Abstract
Purpose
The purpose of this paper is to set out the Law Commission's final recommendations for the reform of adult social care, with a particular emphasis on the recommendations for a new legal framework for adult safeguarding in England and Wales.
Design/methodology/approach
The paper discusses each of the Law Commission's recommendations for adult safeguarding and contrasts them with the proposals put forward at the consultation phase of the review.
Findings
The paper argues that a single legal framework for adult social care, including adult safeguarding, with have substantial benefits in terms of legal clarity, consistency and efficiency.
Social implications
A clear and single legal framework is important for older and disabled people, and their carers, in order to understand fully their entitlements, and for local authorities and partnership agencies (such as the NHS and the police) in order to understand fully their responsibilities.
Originality/value
The paper provides a clear summary of the Law Commission's final report – in particular the recommendations for adult safeguarding.
Details
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This paper seeks to set out the Law Commission's final recommendations for the reform of adult social care, including the community care assessment process, service provision, and…
Abstract
Purpose
This paper seeks to set out the Law Commission's final recommendations for the reform of adult social care, including the community care assessment process, service provision, and the recommendations for a new legal framework for adult safeguarding in England and Wales.
Design/methodology/approach
The paper discusses each of the Law Commission's recommendations for adult social care and contrasts them with the proposals put forward at the consultation phase of the review.
Findings
The paper argues that a single legal framework for adult social care, including adult safeguarding, will have substantial benefits in terms of legal clarity, consistency, and efficiency. A clear and single legal framework is important for older and disabled people, and their carers, in order to understand fully their entitlements, and for local authorities and partnership agencies (such as the NHS and the police) in order to fully understand their responsibilities.
Originality/value
The paper provides a clear summary of the Law Commission's final report – in particular the recommendations for community care assessments and service provision and adult safeguarding.
Details