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Don't Be Fooled by the Law Report

Don't Be Fooled by the Law Report

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Published by In Control
Self-Directed Support and the Law: some views from In Control. Report of the Conference, Don't Be Fooled by the Law, held at Old Trafford, Manchester on 1 April, 2009
Self-Directed Support and the Law: some views from In Control. Report of the Conference, Don't Be Fooled by the Law, held at Old Trafford, Manchester on 1 April, 2009

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Published by: In Control on Aug 03, 2009
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05/11/2014

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Don’t be ooledby the Law
 
A report from In Control,following a conferenceheld on
1
April,
2009
Primary author: Andrew Tyson, In Control PartnershipsThanks to Claire Bruin, Nic Crosby, Simon Duy,Julie Stansfeld, Caroline Tomlinson, John Waters,Rita Hardaker
 
2
Don’t be ooled by the Law:
a report from In Control
2009
Foreword
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
2003
has been ocused on the task o building
Self-Directed Support 
, a new operating system or Local Authority socialcare. As the Law Commission recently observed “social Care law remainsa conusing patchwork o conicting statutes enacted over a periodo 
60
years.”
1
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 ofcers have been let in a state o conusion about the legalitieso aspects o the new approach.
In Control’s response to this diculty has been a pragmatic one. Our perspectivehas been and remains that the present legal ramework does in act containsucient fexibility to
 permit 
Sel-Directed Support – but we are equally clearthat the ramework is ar rom
helpul
in that task. We entirely support the LawCommission’s desire or consolidation and reorm 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 ocers who are seeking to make ull and eective 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 signicant demand particularly rom Local Authorities,we undertook to bring together some o the country’s leading thinkers andpractitioners on these issues at a conerence at Old Traord, Manchester on
1
April,
2009
. We also undertook to use the conerence to review, reresh 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 providehelpul legal advice. In that spirit, this document aims to be something other thana conventional conerence report, and indeed to provide a useul 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, andampliy the ways Local Authorities are working with the existing legal rameworkto promote choice and control.
 
3
Don’t be ooled by the Law:
a report from In Control
2009
We are very much aware that these matters are ar rom “cut and dried.” As weound at the conerence itsel there are many views and perspectives. In Control’sapproach is what is sometimes called
heuristic 
– that is to say we discover thingsby testing them, and it is in this spirit that we ask you to consider the contentso this report. We intend to run a second conerence on legal issues later in
2009
.As optimists, we hope to be looking back on signicant progress and growth inunderstanding o these matters by that date.The report begins with an introduction by Simon Duy, the ormer Chie Executiveo In Control. This is ollowed by a series o questions and issues, with proposedanswers and examples o best practice; this section concludes with inormationabout the In Control website and background about the conerence. You are alsoreerred to the document
Reorming Social Care Law 
by Simon Duy. This sets outhow In Control’s important Statement o Ethical Values might infuence reormsto social care law. The questions and issues section is based upon the keynotes,workshops and Q&As rom the conerence in Manchester, and on the experience o In Control members.

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