There is overwhelming support to extend adult social care services to prisoners and the mentally ill, but concerns remain about the resource implications for local authorities, responses to a Law Commission consultation have shown.

The Law Commission yesterday published a report analysing the 231 responses it received to its consultation on reform of adult social care law.

Consultees included the Law Society, the government, the Welsh assembly, 26 local authorities, the Care Quality Commission, and lawyers, charities and individuals.

The analysis showed strong support for retaining a number of key legal rights in adult social care.

There was also backing for maintaining duties to co-operate between social services and other agencies, and for the proposal to introduce a duty to investigate in adult protection cases.

The report said a ‘majority’ of consultees argued that adult social care should be extended to prisons because, ‘as a point of principle’, prisoners should be entitled to the same social care as other members of the community.

Many responses highlighted the ‘current deficiencies’ in this area, although ‘several’ expressed concern about resource implications for local authorities.

The report said ‘many’ consultees had also argued that there should be ‘no reason to differentiate’ between people sectioned under the Mental Health Act and other service users.

A ‘large majority’ of consultees was in favour of adult social care principles based on ‘maximising choice and control, dignity in care and safeguarding adults at risk’, the report said.

Most consultees also agreed that there should be a duty to undertake a ‘community care assessment’ on the appearance of social care needs, and that there should be a duty to undertake an assessment of a carer’s suitability.

Public law commissioner Frances Patterson QC said: ‘We have been struck by the widespread support for our adult social care project, and the strength of agreement that this area of law must be reformed as a matter of priority.

‘We are indebted to everyone who has contributed to this consultation. In the light of what they have told us, we are looking again at our proposals (while) also reviewing our scheme as a whole to make sure it can accommodate policies such as personalisation, self-directed support, prevention and the universal services.’

The Law Commission’s final report on adult social care is to be published in May 2011. The government will review its recommendations with a view to introducing new legislation in 2012.

The Law Commission’s consultation ran from February to July, 2010.