Elder abuse charity welcomes review of adult protection and social care laws

Action on Elder Abuse, (AEA) the leading specialist charity focusing on the abuse of older people, has welcomed today’s announcement that the Law Commission is to review the law under which residential care, community care, adult protection and support for carers is provided, in order to establish a coherent legal structure, preferably in the form of a single statute, for these services.

At least 800,000 older people are directly affected by such legislation, either in residential care or through domiciliary care support, while it is estimated that at least 500,000 older people experience abuse at the hands of families, friends, neighbours or paid staff.

Despite this, adult protection is provided through guidance rather than legislation, and social care is provided through outdated legislation that is confusing, conflicting and open to interpretation.

The definition of who is considered a ‘vulnerable adult’ varies according to agencies and according to specific legislation and there is no single, agreed understanding of the term. This results in variable responses to abusive situations.

Gary FitzGerald, Chief Executive of Action on Elder Abuse, said: "This is very timely action by the Law Commission as this will address a significant area of long standing concern and one that affects many vulnerable people.

"We cannot continue to approach major issues of care provision, and the protection of very vulnerable people, in our current piecemeal fashion and we agree with the Commission that the law needs to updated.

"Equally importantly, we need the protection of vulnerable adults put onto the same legal basis as the protection of our children.

"As a major charity focussing upon abuse issues we have welcomed and supported the various initiatives undertaken by the Government since 2000, but the reality is that we need care provision, the monitoring of care provision, and access to protection, put onto a much clearer and firmer legislative base if we are to ensure that some of the most vulnerable people in our society receive the care and support they so desperately need."

AEA believes that this initiative should form a significant part of a much wider strategy to reform social care and support. While this review will address the structure, duties and responsibilities associated with quality care and protective systems, initiatives such as the dignity in care campaign continue to address the attitudes and approaches of paid staff.

However abuse within the community, which forms the greater part of the problem, continues to be a major area of concern.

Gary FitzGerald added: "The reality is that we need a similar strategy to the protection of older people and other vulnerable adults as we have seen in the domestic violence arena.

"That involved both the legislation approach, as well as major publicity drives, multi-agency strategies intended to change people’s attitude and acceptance of domestic violence, and a zero tolerance of such abuse by the criminal justice system.

"The scale of elder abuse is such that it should receive no less a response.  As Ivan Lewis has often said, if it’s not good enough for your mum or dad, why should it be okay for mine!"