ABSTRACT
This chapter will explore the place of personal budgets in the provision of social care. In the 2014 Care Act, personal budgets were placed on a statutory footing and have taken a prominent role in the provision of social care on the ground. This chapter will explore the legal significance of transferring the provision of care into a contractual model. It expresses grave concern over these developments. In particular, it will claim that the law contract is based on a norm of an independent autonomous person which is ill-suited for the care market. Further, it will argue that it seeks to restrict care to a pre-set arrangement, which fails to recognise the fluid and varied nature of care needs. Finally, it will argue that it further undermines the position of family-given care by excluding it from the personal budget scheme.
