Please take note: The Care Act 2014 is now on the statute book. At the moment, the Code of Practice and Guidance to accompany this new legislation has been put out to consultation by the Department of Health (as we reported in a previous news item in June https://rescare.org.uk/dept-of-health-launches-consultation-on-care-act-2014-regulations-guidance/ )
Luke Clements, Cerebra Professor of Law at Cardiff University, and solicitor with Scott-Moncrieff & Associates Ltd., has now published two posts on the Care Act 2014 which provide further enlightenment, by considering the act’s intentions and possible effects, intentional and otherwise.
Clements’ first post (Care Act 2014 – Overview) concentrates on the basic provisions in the Care Act 2014. It is well worth reading in full and is not too long; I do not feel able or entitled to summarize or abbreviate it. It starts with a consideration of the underlying principle of ‘Well-being’, of which we will all hear a lot more in the future. (The paragraph headed “Legislation to be repealed includes:” is particularly interesting. I did not realize how much legislation will be superseded by the new Act”)
Clements’ second post (NHS Continuing Healthcare: the draft Care Act 2014 regulations and guidance) is described as “a briefing concerning the negative impact that the draft regulations and guidance would have if implemented without revisions”. At its conclusion he states: “If the statements analysed in this paper remain in the draft guidance and regulations – the result will be a further erosion of the NHS system and a further drain on a chronically underfunded social care system. The losers – the people that will have to pay for these changes – will be disabled people; elderly people; ill people; and their carers.”