The Care Act 2014: Exploring Capacity Building and Mediation?

Abstract

The Care Act 2014 is an Act of the Parliament of the United Kingdom that received Royal Assent on 14 May 2014, after being introduced on 9 May 2013 The Act received the consensus of the three main political parties in the UK during its passage through parliament, and heralded by the Department of Health as the most significant reform of care and support in more than 60 years and which put personalisation at the centre of legislation. This thesis considers whether the principles of the original vision of personalisation were at odds with an increasingly marketised and individualised political vision. It is this context which is vital when considering the existing challenges of personalisation, disabled people and law.
The preparatory point is reviewing the approaches to disability and social justice, including the work of Fraser on recognition, redistribution and representation and consideration Rawls and his theory of Justice. Further work is an assessment of the medical and social models and what they have to offer to disabled people and their rights. The final review is that of outcome-oriented and sufficientarian approaches with the development of social identity; and reviewing the historical background and the development of the ideals of personalisation, which became the foundation of the Care Act.
Consideration is given to the Care Act 2014, where there is a review and analysis of the pros and cons of the legislation. Starting with a thoughtful consideration of aims of the Act and whether thirty months of its implementation these aims were being addressed; moving to the essential provisions of the Act and early indications of challenges and issues arising. The final chapter is a consideration of a dispute resolution process and whether the remaining status quo was the correct option to take rather than addressing it through an alternative dispute resolution process such as mediation.