Don’t be ooled by the Law:
a report from In Control
In Control is a social enterprise with the mission o assisting in the creationo communities o empowered and valued citizens, where people controltheir own support, their money and their lives. Much o In Control’s activitysince its establishment in
has been ocused on the task o building
, a new operating system or Local Authority socialcare. As the Law Commission recently observed “social Care law remainsa conusing patchwork o conicting statutes enacted over a periodo
This, together with the act that there has been no newlegislation to underwrite the Government’s stated policy o implementingSel-Directed Support has meant that many citizens, amilies and LocalAuthority ofcers have been let in a state o conusion about the legalitieso aspects o the new approach.
In Control’s response to this diculty has been a pragmatic one. Our perspectivehas been and remains that the present legal ramework does in act containsucient fexibility to
Sel-Directed Support – but we are equally clearthat the ramework is ar rom
in that task. We entirely support the LawCommission’s desire or consolidation and reorm o social care law, and have beenasked to support them in achieving this. In the meantime we see it as a part o ourrole to provide encouragement, support and advice or citizens, amilies and LocalAuthority ocers who are seeking to make ull and eective use o the existinglegislation.In Control has sometimes been criticised or not giving the legal aspects o Sel-Directed Support the level o attention they warrant. We believe this to be more anissue o perception than o substance. With this perspective in mind however, andin response to what elt like signicant demand particularly rom Local Authorities,we undertook to bring together some o the country’s leading thinkers andpractitioners on these issues at a conerence at Old Traord, Manchester on
. We also undertook to use the conerence to review, reresh and re-launchour approach to legal issues, and particularly to improve the way in which we useour web-site and other communications media to urther debates and to providehelpul legal advice. In that spirit, this document aims to be something other thana conventional conerence report, and indeed to provide a useul resource or thosedoing battle with these issues on the ground. Given the state o the legislationalluded to above, we are not seeking to provide legal advice or opinion – we arenot lawyers at In Control – but what we do wish to do is to share best practice, andampliy the ways Local Authorities are working with the existing legal rameworkto promote choice and control.