Other regulatory frameworks
Other countries that we would compare ourselves to have legislation regarding disability service quality and safeguarding.
For example, the English Care Act 2014 places a general duty on local authorities to promote the wellbeing of an individual receiving social care services. The Care Act says that where a local authority has reasonable cause to suspect that an adult in its area is experiencing, or is at risk of, abuse or neglect, and is unable to protect themselves, the local authority must make whatever enquiries it thinks necessary to be able to decide whether any action should be taken and, if so, what and by whom (Care Act 2014, 2015, Section 42).
Like the English legislation, the Wales Social Services and Well-being Act 2014 uses the concept of wellbeing. The Social Services and Well-being Act also imposes duties to give effect to certain key principles. Welsh ministers are required to issue a statement specifying the wellbeing outcomes that are to be achieved. The Act requires ministers to issue a code to help achieve the outcomes specified in the statement, which may include quality standards, performance measures and targets.
The Social Services and Well-Being Act has the same requirement and wording as the English Care Act relating to investigation where a local authority suspects that an adult with care and support needs is at risk of abuse or neglect. The Act provides for orders to authorise entry to premises so that an authorised officer of a local authority can assess whether an adult is at risk of abuse or neglect and, if so, what to do about it.
An evaluation of the Welsh Social Services and Well-Being Act found support for, and some positive impact of, its wellbeing principles, but identified that there can be a disconnect between legislative intent and operational reality.
In New Zealand, the recent report of the Royal Commission of Inquiry into Abuse in Care has made many recommendations, including legislation and a national care safety regulatory framework.