Some moderately interesting legislative developments
The Health and Social Care Act 2008 received Royal assent on 22 July 2008. The full text can be found here –> http://www.dh.gov.uk/en/Publicationsandstatistics/Legislation/Actsandbills/HealthandSocialCareBill/index.htm
The Government has agreed to make key changes to current financial thresholds in the Charities Act. For a response to the consultation around these changes download this –> http://www.charity-commission.gov.uk/Library/common/thresholdsresponse.pdf
If you are a director of a charity established as a company registered with Companies House, you will need to be aware of the Companies Act 2006. It is being brought into effect in several stages – some provisions are already in force, some are due to take effect later this year (Oct 08′) and others are expected to be implemented in October 2009. There are a number of changes which affect charitable companies. For details you need to read this –> http://www.charity-commission.gov.uk/supportingcharities/compact.asp
Some MPs and peers have demanded more protection for vulnerable people as part of a new UK Bill of Rights. You can read the 29th report published by the Joint Committee on Human Rights that describes where we are at it relation to the Bill of Rights here -> http://www.publications.parliament.uk/pa/jt200708/jtselect/jtrights/165/16504.htm
The first Welsh law - since Hywel Dda nearly 1000 years ago - was made Wednesday, 09 July, when the Queen approved the NHS Redress Measure that will give patients fairer and more equal access to compensation. In what was a historic day for Health and Social Services in Wales the Deputy Minister for Social Services, Gwenda Thomas, was also able to confirm that the Legislative Competence Order (LCO) in the area of charging for non-residential social care has also received Royal approval. Details here –> http://new.wales.gov.uk/news/topic/Health/2008/2374266/?lang=en
European Court of Justice upheld the case of “discrimination by association” brought by Sharon Coleman. An interesting bit of case law after an employer was found to have acted unlawfully in refusing a woman time off work to care for her disabled son.
I shall be looking more closely over the next few weeks at a number of consultative programmes currently underway. These include;
(1) The Care Standards Act 2000 – Consultation on proposed changes to the Adult Placement Scheme Regulatory Framework and National Minimum Standards (Closing date Nov 20th)
(2) Consultation on the Research Governance Framework for Health and Social Care in
(3) Escalating Concerns With, and Closures of, Care Homes Providing Services for Adults: Consultation on Draft Statutory Guidance. Closing date Friday 3rd October 2008.
I’m sure you will agree they are at least moderately interesting,
Andrew Mayo
Add comment September 8th, 2008

