<p>This paper develops a political and legal analysis of the structural failure of England’s adult social care system under the Care Act 2014. While the Act establishes clear statutory rights to assessment, eligibility determination, and the provision of support, local authorities are simultaneously prohibited by public finance law from overspending their budgets. They are therefore placed in an impossible position: they cannot lawfully refuse care, yet they cannot afford to provide it in full. These dynamics arise not only from institutional design but from genuine fiscal constraints on public expenditure; however, such constraints do not resolve the structural disjunction between legal entitlement and deliverable provision. The result is not open denial but administrative rationing through delay, repeated reassessment, and time-limited provision. Drawing on Franz Kafka’s account of bureaucratic power and classical political theory, the paper shows how this contradiction converts legal rights into private financial and psychological burdens. It identifies three interlocking mechanisms: a Kafkaesque administrative architecture governing access to care; the Carousel of Temporary Care; and the Public Accountability Shield. The paper concludes that this structure recreates a modern form of economic dependency analogous to debt bondage and argues that only enforceable financial transparency, combined with a dedicated Health and Social Care Tribunal grounded in the principle of avoidable harm, can restore the practical meaning of Care Act rights. This architecture of power provides a useful analytical framework for understanding the operation of England’s adult social care system in practice.</p>

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A Triptych of Social Care in Britain

  • Michael Pudaloff

摘要

This paper develops a political and legal analysis of the structural failure of England’s adult social care system under the Care Act 2014. While the Act establishes clear statutory rights to assessment, eligibility determination, and the provision of support, local authorities are simultaneously prohibited by public finance law from overspending their budgets. They are therefore placed in an impossible position: they cannot lawfully refuse care, yet they cannot afford to provide it in full. These dynamics arise not only from institutional design but from genuine fiscal constraints on public expenditure; however, such constraints do not resolve the structural disjunction between legal entitlement and deliverable provision. The result is not open denial but administrative rationing through delay, repeated reassessment, and time-limited provision. Drawing on Franz Kafka’s account of bureaucratic power and classical political theory, the paper shows how this contradiction converts legal rights into private financial and psychological burdens. It identifies three interlocking mechanisms: a Kafkaesque administrative architecture governing access to care; the Carousel of Temporary Care; and the Public Accountability Shield. The paper concludes that this structure recreates a modern form of economic dependency analogous to debt bondage and argues that only enforceable financial transparency, combined with a dedicated Health and Social Care Tribunal grounded in the principle of avoidable harm, can restore the practical meaning of Care Act rights. This architecture of power provides a useful analytical framework for understanding the operation of England’s adult social care system in practice.