A New Law on Adult Social Care: A Challenge for Law Reform in Wales
A New Law on Adult Social Care: A Challenge for Law Reform in Wales
复制标题
新的成人社会关怀法:威尔士法律改革的挑战
DOI:
10.1093/slr/hms026
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发表时间:
2012
影响因子:
0.3
通讯作者:
John Williams
中科院分区:
文献类型:
--
作者:
John Williams
The current state of adult social care law in England and Wales is confused. In its report, Adult Social Care, the Law Commission for England and Wales notes that the ‘disparate range of legislative provision... reflects the differing policy imperatives and understandings that have been current at various times in the period since 1948’. 1 It is disturbing that one of the principal statutes for social care provision in England and Wales today is the National Assistance Act 1948 (NAA 1948). The NAA 1948 was part of the suite of legislation establishing the Welfare State; s. 1 NAA 1948 repealed the then existing Poor Law, an indication of its archaism. A key part of the NAA 1948 is the definition of ‘disabled’, which adopts a language that is no longer appropriate for 21th century adult social care. 2 The NAA 1948 was criticized for its emphasis on residential care rather than home or domiciliary care. 3 It followed a report by the Nuffield Foundation in 1947 that painted a gloomy picture of public assistance institutions pointing out that many of them were 19th century buildings that were usually large and cheerless. 4 Townsend attributed the lack of development of domiciliary services to a belief that such institutions were important to regulate and confirm inequality