By Michael Mandelstam
This 3rd version of group Care perform and the legislations has been considerably rewritten and restructured to mirror the swift criminal and coverage adjustments affecting the neighborhood care box. It offers entire and jargon-free reasons of either group care laws and different components of the legislation at once suitable to practitioners. themes lined contain: * review and eligibility standards ('fair entry to care') and ready occasions * putting humans in care houses * non-residential, domiciliary and residential care prone * carers' checks and prone * domestic variations and disabled amenities promises * direct funds * carrying on with health and wellbeing care and overall healthiness prone in most cases, together with group apparatus prone * joint operating among neighborhood specialists and the NHS * unmarried evaluation procedure, intermediate care * selection making means and lack of ability * info sharing * grownup safeguard: felony framework * human rights and incapacity discrimination * wellbeing and fitness and security at paintings laws together with handbook dealing with * humans topic to immigration keep an eye on, together with asylum seekers * care criteria. a number of examples of felony instances and ombudsman investigations essentially illustrate the sensible impression of laws on group care. A separate bankruptcy offers an at-a-glance view of the full variety of laws underpinning the standard paintings of practitioners. the writer additionally identifies the underlying mechanisms, tensions and difficulties affecting neighborhood care legislation and perform. basically masking England intimately, a lot of the criminal case legislation lined and the felony rules concerned are of normal relevance around the uk, and the place fabric isn't really without delay appropriate to Wales, Scotland and northern eire, brief summaries supply normal tips for the location in those 3 nations. This ebook is a vital advisor for practitioners and executives in either the statutory and voluntary sectors, coverage makers in neighborhood and imperative govt, advocates, legal professionals and social paintings scholars.
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Extra resources for Community Care Practice And The Law (2005)
Police Act 1997: criminal record certificate system. 3). 5). 5). Mental Health Act 1983: interventions relevant to adult protection. 5). 5). 5). Criminal Justice Act 2003: multi-agency public protection arrangements (MAPPA). 7). 8). 8). Youth Justice and Criminal Evidence Act 1999: special measure in respect of giving evidence for vulnerable witnesses. 9). 10). 12). g. 15). g. 15). 15). Care Standards Act 2000: abuse. 17). Common law: necessity and best interests. Acting out of necessity and in the best interests of a person lacking the capacity to take a decision for himself or herself (see Chapter 18).
Asylum and Immigration (Treatment of Claimants) Act 2004 (see Chapter 13). 3 HOUSING, HOME ADAPTATIONS AND THE NHS (PART III) Housing Grants, Construction and Regeneration Act 1996: home adaptations for disabled occupants. 4). 32 OVERVIEW NHS Act 1977: provision of health services. General duty to provide on the NHS to provide range of health care services. Guidance on NHS continuing health care (HSC 2001/15), on ‘free nursing care’ (HSC 2001/17; HSC 2003/6), on the Care Programme Approach (HC(90)23; DH 1999b).
But everything else, both services and equipment, which is not so specified, must be provided free of charge. Legally, this would seem to be straightforward. However, in practice, it appears that the NHS continues in some instances to make legally dubious charges, mainly because of confusion or ignorance about what the legislation actually permits. NHS continuing care (Chapter 16). People’s entitlement to what has become known as NHS continuing health care has become a significant issue because of consistent and trenchant criticism by the health service ombudsman.