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05 March 2010 / Frances Patterson
Issue: 7407 / Categories: Features , Public , Community care
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Who cares wins

The Law Commission published its Tenth Programme of Law Reform in 2008, which included a project to review adult social care in England and Wales.

The scoping report was published in November of that year: Adult Social Care: Scoping Report. It recognised that the legislative framework for adult social care is inadequate, often incomprehensible and outdated. In February 2010, we published our consultation paper, which sets out our provisional proposals for law reform to be contained within a single adult social care statute: Adult Social Care: A Consultation Paper. The publication of the consultation paper is to be followed by a four-month period of public consultation. We urge all those with an interest in adult social care to respond.
 
A single statute

While there are differences in the law that applies in England and Wales, we believe that they are not currently such as to require separate statutes for each country. Our provisional view is that there should be a single unified adult social care statute for England and Wales.

Statutory principles

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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