Legal policy and organisational framework - Essay Example

The range of existing legal responses that may be utilized in cases of elder abuse in the UK is evaluated, and recent proposals to reform the law are analyzed. Because no single piece of applicable protective legislation exists, three possible levels of intervention have been identified: preventive measures, private law initiatives and state intervention. ABSTRACT. This article evaluates the range of existing legal responses that may be utilized in cases of elder abuse in the UK. Because no single piece of applicable protective legislation exists, three possible levels of intervention have been identified: preventive measures, private law initiatives, and state intervention.

In answer to the criticism of existing law, the Law Commission has published proposals for legal reform drawing on the child protection model. Questions are raised regarding the suitability of the approach given the intrinsic social and legal differences between children and adults. [Article copies available from The Haworth Document Delivery Service: 1-800-342-9678. E-mail address: getinfo@haworth.com) Elder abuse is a term that is not recognized by English law. There is currently no single piece of applicable protective legislation in contrast with the United States.

In England, the one existing law that may be applicable to cases of elder abuse in England is fragmented and lacks coherence. It is less accessible than, for example, the child protection law, which is contained in The Children Act 1989, and is not particularly "user friendly." The challenge of elder abuse, therefore, calls on lawyers to be creative and use their imagination and skills in drawing on existing remedies from statute and common law and adapting these to respond to individual complaints of elder abuse.

Existing remedies may not be fully utilized for a number of reasons. For one thing, certain procedures, such as criminal prosecutions, may be perceived as