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Social Care Report ‘A Giant Step Towards A Better Service’

Specialist Welcomes New Law Commission Proposals


A legal expert at Irwin Mitchell has welcomed new recommendations proposed for the creation of coherent social care system in England and Wales.

The Law Commission has published its first report into how a concise and modern code of practice can be put in place to ensure that those receiving care, including the elderly and those with disabilities, understand their rights in relation to such services.

Among the recommendations put forward by the body are new duties for councils and the NHS to collaborate together, proposals to build a new single assessment framework and better protection from abuse and neglect for service users.

It has also been suggested that adult safeguarding boards will be given statutory footing for the first time.

Irwin Mitchell’s Public Law team represent a number of clients in cases related to social care services and is currently acting in High Court challenges on behalf of the families of  disabled adults and children affected by proposed social care budget cuts by a number of councils across the country including Birmingham City Council.

Yogi Amin, a Partner and social care expert at the firm’s Sheffield office, said the new proposals could be highlight beneficial.

He explained: “Through our work we have seen the difficulties faced by some of the most vulnerable people in society when the care they require is left unaddressed or they are left without proper protection from abuse or harm. In many cases the route cause of these difficulties arise because of a lack of a clear legal framework”

“The recommendations of the Commission seem to be clear and a giant step forward towards a better legal framework with the aim being to provide clear guidance that will ensure all people who deserve and need care get the best possible standard of service.

“It is particularly pleasing to see the Law Commission emphasise the importance of putting the wellbeing of individuals first, as this will ensure everyone will get the attention they deserve.

“This report is a sign that authorities are keen to improve their services and speaking on behalf of many vulnerable and disabled clients, I hope the government takes forward the recommendations put forward.”

Find out more about the Law Commission's recommendations here