Legislation protecting people in care

Overview National Assistance Act 1948 Social Work (Scotland) Act 1968 NHS and Community Care Act 1990 National Assistance (Assessment of Resources) Regulations 1992 Human Rights Act 1998 Adults with Incapacity (Scotland) Act 2000 Regulation of Care (Scotland) Act 2001 Community Care and Health (Scotland) Act 2002 Mental Health (Care and Treatment) (Scotland) Act 2003 Adult Support and Protection (Scotland) Act 2007 Equality Act 2010 Patient Rights (Scotland) Act 2011 Social Care (Self-directed Support) (Scotland) Act 2013 Public Bodies (Joint working) (Scotland) Act 2014 Carers (Scotland) Act 2016 Further information about legislation

NHS and Community Care Act 1990

The NHS and Community Care Act 1990 was the first major reform of the NHS since it began in 1948.

Based on the 2 white papers ‘Working for Patients’ (1989) and ‘Caring for People’ (1991), this was the first legislation to try to bridge the gap between health boards and local council social services.

Under the act, social care departments were given the responsibility for community care for older people. These services would be geared to what the older person needed rather than what was actually available. These needs were learnt following a community care assessment.

Home care, day care and respite care were to be developed to help people live in their own homes wherever possible.

This legislation was the first time that the needs of carers were taken into account.