Reimagining the relationship between health and social care law

Since the National Health Service Act and National Assistance Acts of 1948 of the Labour Government of Clement Attlee, health and social care in England have been subject to different legal structures. Yet over time it has been increasingly clear that there is a natural symbiotic relationship between these areas—a question of co-dependency in delivery and the fact that both areas are at times not cast explicitly in these terms—both concerned with “care” and with “health.” This chapter argues that in reimagining health law, we need also consequently to reimagine its relationship with what today is seen as coming within social care law. The chapter explores the legal methodologies of health and social care law and highlights the common themes between the two areas. It suggests that there have been various points over the last 75 years when there was scope for greater integration between health and social care, which could in turn have led to a greater alignment and reconceptualisation of the links between health law and social care law scholarship. Finally, it suggests, at a time when the whole nature of social care provision and its funding in England is under review at national government level, that we should reimagine health law as incorporating social care law and rooting this in a fundamental right to health.