The Law Commission is calling on the Government to bring th Dilnot commission’s proposals into statute via its proposed adult social care bill, with any specific limits introduced via secondary legislation.
The Government will respond in the spring to the Dilnot report’s proposals.
In May, the Law Commission proposed a new adult social care bill which aims to bring together all existing duties and powers placed on local service authorities.
Public law team lawyer Tim Spencer-Lane says the Dilnot proposals should be included in this bill but he adds: “Things like contributions to funding care and the threshold criteria should not be on statute because the Government will want to change them regularly. Using secondary legislation, which would delegate the decision to ministers or an agency, or a code of practice would ensure the required flexibility.”