Community Care Practice and the Law

Community Care Practice and the Law : Third Edition

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This third edition of Community Care Practice and the Law has been substantially rewritten and restructured to reflect the rapid legal and policy changes affecting the community care field. It provides comprehensive and jargon-free explanations of both community care legislation and other areas of the law directly relevant to practitioners. Topics covered include:

* assessment and eligibility criteria (`fair access to care') and waiting times

* placing people in care homes

* non-residential, domiciliary and home care services

* carers' assessments and services

* home adaptations and disabled facilities grants

* direct payments

* continuing health care and health services generally, including community equipment services

* joint working between local authorities and the NHS

* single assessment process, intermediate care

* decision making capacity and incapacity

* information sharing

* adult protection

* human rights and disability discrimination

* health and safety at work legislation including manual handling

people subject to immigration control, including asylum seekers

care standards.

Numerous examples of legal cases and ombudsman investigations clearly illustrate the practical impact of legislation on community care. A separate chapter provides an at-a-glance view of the whole range of legislation underpinning the everyday work of practitioners. The author also identifies the underlying mechanisms, tensions and problems affecting community care law and practice. Primarily covering England in detail, much of the legal case law covered and the legal principles involved are of general relevance across the United Kingdom, and where material is not directly applicable to Wales, Scotland and Northern Ireland, short summaries offer general pointers for the position in these three countries.

This book is an essential guide for practitioners and managers in both the statutory and voluntary sectors, policy makers in local and central government, advocates, lawyers and social work students.
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Product details

  • Paperback | 560 pages
  • 173 x 246 x 31.75mm | 952.54g
  • London, United Kingdom
  • English
  • 1843102331
  • 9781843102335
  • 1,039,486

Table of contents

Acknowledgements. Note. Part I. 1.Introduction. 2. Overview. 3. Underlying mechanisms. 4. Legal principles and good administration. 5. Remedies. Part II. 6. Assessment. 7. Care plans and provision of services. 8. Residential accommodation. 9. Charging for residential accommodation. 10. Non-residential services. 11. Charging for non-residential services. 12. Direct payments, carers, families with children in need, and other specific groups of people. 13. Asylum seekers and other people subject to immigration control. 14. Residence and eligibility for services. Part III. 15. Housing and home adaptations. 16. NHS services and joint working. Part IV. 17. Adult protection. 18. Decision-making capacity. 19. Information sharing. 20. Human rights. 21. Disability discrimination. Part V. 22. Health and safety at work legislation. 23. Negligence. 24. Regulation of care provision. References. Index.
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Review quote

Not only should it be of use to students, current managers and practitioners will find it of use as reference...The author is an acknowledged and widely-published authority on these matters, and manages in 500-plus pages to give not only definitive legal advice for England, but also general pointers to the position in the other three countries in the UK. -- Care and Health Magazine Author Michael Mandelstam provides a refreshing account of community care practice in an enlightening, highly informative way. The use of case law is helpful in explaining and making sense of the law, which can be complex, daunting and difficult to understand. The book's diversity is also welcome, addressing issues relating to people from different backgrounds and circumstances on account of age,gender, race and disability. The information in Mandelstam's text is retreiveable, lively and up-to-date. The structure is supported by the use of 'key points', background information and an overview and context in which the subject area is discussed. Subjects include placement in care homes, assessment, adaptations and services, information sharing, human rights and much more. -- Community Practitioner The test of this kind of book is whether it does its job as an authoritative reference tool. I tried it out by looking up a few random areas - direct payments for carers, information sharing, statutory duty to provide accommodation, the legal status of care plans. Moreover topics could be easily pinpointed equally well from the index or the contents page.

The book is in five parts; part one provides an overview and covers underlying mechanisms, legal principles, good administration and remedies; part two considers community care legislation and guidance; part three covers housing adaptations, housing adaptations, NHS services and joint working; part four explores adult protection, decision making capacity, information sharing, human rights and disability discrimination and part five covers health and safety at work, negligence, contract and national regulation of care provision. Community Care Practice and the Law proves itself to be comprehensive and monumentally authoritative. -- Tony Gillam, Mental Health Practice Michael Mandelstam's book, Community Care Practice and the Law, is superb- the more you look at it, the more you will find it of relevance. Care home providers and managers need to know and understand the law, especially when dealing with local authorities and other outside bodies such as Commission for Social Care Inspection. I've put this book to the test and it comes through with flying colours. -- Caring Times This book is set out coherently and with clear cross referencing... Mandelstam achieves the difficult task of providing an adequate description of legal issues with detailed analysis and thorough application; this is to his credit. It will appeal to and should be considered an essential text reference for specialist practitioners and managers in health and social care. -- Journal of Community Nursing The third edition of Community Care Practice and the Law has been substantially reworked from the previous edition... This book is essential reading for practitioners, managers and students who need a practical guide to the law as it applies to community care practice... it is an ideal book to dip into and is easy to navigate. -- British Journal of Occupational Therapy It meets the challenge of being extensive (it is difficult to capture this topic comprehensively due to its vastness and ever-changing nature) and up to date, and has been revised due to the substantial legal and policy changes that affect the community care field. It is well referenced and provides examples of legal cases and ombudsman investigations that facilitate an understanding of the law, and will allow psychotherapists to reflect on real-life experiences. The main strength of this book is that information is easy to access. -- Journal of Physiotherapy, March 2007 An extensive guide to the law for service users and providers in the community, this book in primarily aimed at those working in social services and primary care trusts. -- Nursing Standard
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About Michael Mandelstam

Michael Mandelstam has worked independently since 1995 providing legal training, advice and consultancy to local authorities, the NHS and voluntary organisations. Previously he worked for ten years at the Disabled Living Foundation, a national voluntary organisation, before moving to the Social Services Inspectorate at the Department of Health. He has published various other books, including An A-Z of Community Care Law, Equipment for Older or Disabled People and the Law, and Manual Handling in Health and Social Care: An A-Z of law and practice, all published by Jessica Kingsley Publishers. He holds postgraduate qualifications in law, information studies, and history of science and medicine.
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