Community Care Practice and the Law Second Edition

Community Care Practice and the Law Second Edition

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This second edition of Community Care Practice and the Lawhas been substantially rewritten and restructured to reflect the rapid change affecting community care in legislation, the law courts, policy and practice.

The book bridges the gap between law and practice by juxtaposing fully and systematically legislation, legal judgments in the courts, local ombudsman and health service ombudsman findings, Parliamentary debates and answers, and numerous reports about practice from the Department of Health, voluntary organisations, professional associations and academics.

Distinctive features of the book include:

two large digests of cases containing well over three hundred legal judgments and local ombudsman investigations;

a chapter consisting of a practical checklist of questions - for managers, practitioners and users of services and their advisors - to check the lawfulness of policies, eligibility criteria and individual decisions;

two overview, stand-alone chapters, one summarising the system, the other highlighting underlying themes and mechanisms;

an inclusive approach embracing not only a range of both residential and non-residential care services, but also equipment and home adaptations, carers, direct payments, NHS services generally and continuing care, moving and handling law, legislation and guidance (old and new) underlying joint working and joint finance;

avoidance of jargon.
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Product details

  • Paperback | 448 pages
  • 173 x 246 x 38.1mm | 1,111.3g
  • London, United Kingdom
  • English
  • Subsequent
  • 1853026476
  • 9781853026478

Table of contents

Part I: Overview, Underlying Themes and Practical Checklist. 1.Introduction. 2. Overview. 3. Underlying Themes. 4. Practical Checklist Part II: Community Care Assessments and Service Provision. 5. Access to Community Care Assessment. 6. Community Care Assessment. 7. Care Plans, Service Provision, Review and Reassessment. 8. Aspects of Assessment and Service Provision. 9. Non-Residential Community Care Services. 10. Charges for Non-Residential Services. 11. Residential and Nursing Home Accommodation. 12. Charges for Residential and Nursing Home Accommodation. 13. Joint Working, Information and Planning Part III: Health Services and Home Adaptations. 14. National Health Service Provision. 15. NHS Continuing Care and Other Services. 16. Home Adaptations. Part IV: Disputes, Local Ombudsmen and Legal Cases17. Disputes and Their Remedies. 18. Local Ombudsman Investigations 19. Legal Cases. References.
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Review quote

This second edition is certainly very long, but is far from dull or irrelevant for it deals with a subject that concerns health, housing and social care agencies struggling to meet the needs of vulnerable people within available resources. There are two excellent chapters providing a good foundation for anyone interested in legal aspects of community care. The first gives an overview of the law and the uncertainties that are open to the interpretation and challenge. The second discusses the law as it relates to key themes, such as rights and responsibilities. There are useful chapters on assessment and care plans, residential and nursing homes, charges for services and joint working. The section devoted to health services will interest anyone who is hoping to manage their budget by closing down a unit for the disabled people, by ending the provision of incontinence pads, by witholding expensive drugs from people with chronic conditions or by discharging more hospital patients into the means-tested world of social services. A digest of cases shows what has happened when these and other decisions have been challenged in the courts or brought before ombudsbudsmen Every health agency ought to have a copy so that managers and practitioners can consult it when they are in doubt about the decisions they are about to make. -- Health Service Journal (HSJ) This second edition ... is a substantial updating of the first (1995) edition. It is intended to reach a wide readership and is distinctive in its coverage of law, policy, and professional practice in England and Wales. Given the range of law and policy and practice guidance in community care, Mandelstam is ambitious in his aim but he has succeeded in producing a text that is stimulating in addition to being of practical use as a refernce text, through engaging in debate over key issues..... The book is logically organised and information is generally accessible to the reader with or without legal training. ... In summary, this is a valuable reference text. It will no doubt be of great help to students on professional training courses and to a range of academics and professionals. Given the rapidly changing environment of community care law and policy, there will probably be a need for a further edition before very long. -- Ageing and Society. Community care is now an established part of patient care, and this second edition is a welcome update on the law and current practices... In my view this book meets its criteria as it successfully updates changes in the law, current practices and political objectives. It should be a useful addition to our libraries, although as a reference book it will need to be constantly reviewed and updated. -- Dr Bashir Qureshi This impressive book should be made readily accessible to managers and practitioners working in the field of community invaluable guide. -- Rostrum, The Voice of Social Work in Scotland
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About Michael Mandelstam

Michael Mandelstam, MSc, DipLib holds postgraduate qualifications in law, information studies, and history of science and medicine. He worked over a period of ten years at the Disabled Living Foundation, a national voluntary organisation, before moving to the Social Services Inspectorate at the Department of Health. Now working independently as a trainer, researcher, consultant and occasional lecturer, he has published various articles and books, including Equipment for Older or Disabled People and the Law and An A - Z of Community Care Law.
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