Care Act Part 1 secondary legislation and guidance published

In a positive flurry of activity, the majority of the secondary legislation (both ‘affirmative’ and ‘negative’) accompanying Part 1 of the Care Act has been published on the DH website, alongside the Care and Support Statutory Guidance and its consultation response.   The Guidance weighs in at 506 pages, and will take time to digest, but I would note immediately one small change that I personally am delighted to see – namely that self-neglect is now expressly included within the definition of ‘abuse and neglect’ (see paragraph 14.17).

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3 Replies to “Care Act Part 1 secondary legislation and guidance published

  1. Hi Alex
    I can see why ‘self neglect’ has been added onto the list of abuses – I realise it reminds carers, both formal and informal to use the procedure to safeguard the person – but;
    Self neglect is a potential outcome of abuse from others – or a history of abuse. I think calling it an abuse will mean that onlookers may make judgements about peoples lifestyle choices. If we decide that self neglect is an abuse, then perhaps we are making decisions for the person that negates their right to make unwise decisions and live the way they choose. I am also convinced that many people self harm which may be seen as a self neglect, as a way to keep themselves alive and not necessarily easy to understand.
    Ergo – I don’t want it as an abuse – although I do like to see it as an potential indicator of abuse. I also advise that the safeguarding procedure can and should be used to ensure people have the right level of support.
    I hope this makes sense – I am blurting it after a long day at work
    Thank you – I love this site

    1. Thank you! I’d have preferred that it didn’t come under the label of abuse, but I am just glad that it has actually been included because there was (to my mind) a real risk otherwise that the incredibly complicated problem of self-neglect would otherwise fall even lower down the list of priorities given how many other tasks local authority social workers are being required to do to fulfil their obligations under s.42 of the Care Act.

  2. I have real concerns about how the self-neglect category is going to managed in reality with the removal of the NAA S47 power and no powers of entry granted, even with application of the MCA I fear for abuse of said Act and that people falling within this category will still be left vastly at risk as before. With differing LAs applying thresholds to SN disproportionately there will remain, I fear, lack of consistecy in this vital area
    The ever-pesimistic, lilmisssafa
    (Hi Trish!!)

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