Draft Care and Support Bill

Draft Care and Support Bill

The draft Care and Support Bill sets out the first statutory framework for adult safeguarding, giving clarity on local authorities’ responsibilities as well as other partners that work together to safeguarding adults at risk of abuse. The draft Bill brings together and modernises different pieces of legislation and guidance from the last 60 years into one single framework. The draft Bill builds upon the recommendations of the Law Commission’s review. The review and draft Bill propose a wide range of changes within social care including specific legislation around adult safeguarding. The new regulations will be supported by statutory guidance.

What does the draft Care and Support Bill do?

The legislation requires all local authorities to establish a Safeguarding Adults Board to work together in order to develop shared strategies. It clearly states the core membership of the statutory Board which should include NHS, local authority and the police. Guidance will be published as to their obligations, which will include:

• Publishing an annual report

• Developing and accounting for progress against strategic plans.

• Carrying out reviews in specific circumstances to identify lessons to be learned and the application of those lessons

• Requiring organisations or people to supply SABs with information if this would assist the board in fulfilling its functions and relates to the organisation or person in question.

The draft Bill also requires local authorities to:

• Make enquires where they reasonably suspect that an adult in their area with care and support needs is at risk of abuse or neglect. The purpose of the enquiry is to establish what, if any, action is required in relation to the case.

• Fund advocacy for people that do not have support for assessment and safeguarding

The draft Bill also proposes that s.47 of the National Assistance Act (powers to remove people from insanitary conditions) is abolished.

When will the draft Care and Support Bill be legislation?

The timetable for the Bill currently sets out for implementation during 2014/15, however ESAB consider that the proposals represent a good model for the Boards development and have therefore set as one of its key priorities, to ensure compliance with the Bills requirements during 2014. The provisions in the draft Bill largely apply to England only (and therefore extend to England and Wales).

Where can I get more information?

For more details about the new draft Care and Support Bill see
https://www.gov.uk/government/publications/draft-care-and-support-bill-published