An overview
| Published date | 01 August 1999 |
| DOI | https://doi.org/10.1108/14668203199900007 |
| Pages | 37-39 |
| Date | 01 August 1999 |
| Author | Alison Brammer |
| Subject Matter | Health & social care,Sociology |
The Journal of Adult Protection Volume 1 Issue 1 • August 1999 © Pavilion Publishing (Brighton) Ltd 37
THE LEGAL SECTION of the Journal of Adult Protection will
include commentary and analysis of legal developments
including new legislation or guidance. The first edition begins
with a summary of developments which clearly place adult
protection on the agenda. Subsequent editions will feature a
digest of selected cases which raise issues relevant to practice
and adult protection.
The starting point for a consideration of current law
relevant to adult protection has to be the National Health
Service and Community Care Act 1990. This legislation
marked legal implementation of a developing change in
philosophy towards greater emphasis on vulnerable adults
enjoying independent life in the community, supported by
appropriate packages of care.
The Act marked a change in focus for local authorities
whose role was to become centrally one of assessors, co-
ordinators and managers of care rather than direct providers.
Greater recourse to the private and voluntary sectors for
services was intended to provide greater choice for the
individual. One of the aims of the legislation was to make
practical support for carers a high priority. To reinforce this
commitment the Carers (Recognition and Services) Act 1995
was enacted and provides for a separate assessment
of carers’ ability to provide care. Its effectiveness has been
questioned, given that no additional resources were specifically
earmarked for its implementation.
Case law decisions have provided interpretation of certain
details of the Act’s provisions. Most notably, R v Gloucestershire
County Council and Another, ex parte Barry [1997] 2 ALL
ER 1 found that resources of a local authority were one of a
range of factors which could be taken into account when
assessing an individual’s need for community care services. It
appears, however, from the recent case of R v East Sussex CC
ex p Tandy [1998] 2 ALL ER 769 HL that the Gloucestershire
judgement can be confined to its own facts and the statutory
context of the Chronically Sick and Disabled Persons Act 1970.
No doubt there will be further challenges to this principle,
particularly as the debate continues about resources and
assessment of need for after care services under the Mental
Health Act.
An overview Alison Brammer
Lecturer in Law, Department of Law,
University of Keele
The legal column will
include a review of
legal developments
new case law
legislation
guidance
enquiries
all relating to adult
protection
Legal column
To continue reading
Request your trial