By Michael Mandelstam
This 3rd variation of group Care perform and the legislation has been considerably rewritten and restructured to mirror the fast felony and coverage alterations affecting the neighborhood care box. It offers complete and jargon-free causes of either group care laws and different parts of the legislations at once appropriate to practitioners. themes lined comprise: * evaluate and eligibility standards ('fair entry to care') and ready occasions * putting humans in care houses * non-residential, domiciliary and residential care companies * carers' checks and companies * domestic diversifications and disabled amenities supplies * direct funds * carrying on with healthiness care and overall healthiness prone regularly, together with group apparatus companies * joint operating among neighborhood gurus and the NHS * unmarried evaluation method, intermediate care * choice making means and inability * details sharing * grownup safety: criminal framework * human rights and incapacity discrimination * future health and protection at paintings laws together with guide dealing with * humans topic to immigration keep an eye on, together with asylum seekers * care criteria. various examples of criminal instances and ombudsman investigations in actual fact illustrate the sensible influence of laws on neighborhood care. A separate bankruptcy offers an at-a-glance view of the complete diversity of laws underpinning the typical paintings of practitioners. the writer additionally identifies the underlying mechanisms, tensions and difficulties affecting neighborhood care legislation and perform. essentially masking England intimately, a lot of the criminal case legislation lined and the criminal rules concerned are of common relevance around the uk, and the place fabric isn't really without delay appropriate to Wales, Scotland and northerly eire, brief summaries provide common guidelines for the placement in those 3 nations. This ebook is a necessary advisor for practitioners and executives in either the statutory and voluntary sectors, coverage makers in neighborhood and primary govt, advocates, attorneys and social paintings scholars.
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Extra info for Community Care Practice And The Law (2005)
Local authorities attempt to justify this on the basis that the specialist assessment – such as that performed by occupational therapists – is not the same as community care assessment. This is sleight of hand and no consolation for the service user. Nevertheless, successful manipulation of statistics (for which both central and local government arguably have an incentive) is one thing, but acting lawfully and without maladministration quite another. Thus in one case, a first level assessment was achieved reasonably quickly.
For instance, up to a point it is lawful for a local authority formally to set a relatively high threshold of eligibility on the basis of limited resources. But it is not lawful, having set that threshold formally, for it to be then varied informally, arbitrarily and often covertly – depending on the state of local social services team budgets. The more adept and better organised local authorities tend to utilise the escape routes that are likely to be lawful; the less adept err toward routes that are unlawful, sometimes blatantly so.
When triggered, they in turn allow the proliferation of problems, existence of which in the past has been conceded by central government. 5–7). The uncertainties and potential safety valves exploited by local authorities are all too evident throughout most of this book. In other words, authorities variously try to limit or escape potential obligations, for instance, in relation to: · ‘screening people out’ when they are referred for assessment · waiting times for assessment · setting and varying thresholds of eligibility · not carrying out full assessments · placing cost ceilings on care packages · simply not providing services that have been assessed as needed · waiting times for service provision · cost shunting between different statutory bodies · not monitoring and reviewing people’s care packages adequately to ensure needs are being met · reassessing people in order to reduce provision.
Community Care Practice And The Law (2005) by Michael Mandelstam