Duty of Care in the Human Services

Duty of Care in the Human Services : Mishaps, Misdeeds and the Law

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The human services are established to support the most vulnerable and marginalised people in our society. Yet media and other reports frequently highlight a disturbing picture of industry failures, malpractice and abuse. This book addresses the response of legal and quasi-legal bodies to human service failures. It outlines those areas of law which are most likely to be activated by human service shortcomings, and those aspects of direct human service delivery which are most likely to attract legal attention. Essential reading for those studying or working in human services and social work, this book is designed to alert people to the legal risks arising as a result of inadequate human service delivery.show more

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About Rosemary Kennedy

Rosemary Kennedy is Senior Lecturer in the School of Social Work and Social Policy, University of South Australia.show more

Table of contents

Acknowledgements; Author's note; Part I. Positioning and Mapping the Territory of Human Service Mishaps and Misdeeds: 1. The shadow world; 2. Ideals, actors and actions; Part II. Mishaps and Misdeeds Through a Law Lens: 3. Public law of general application; 4. Public law of particular relevance to the human services; 5. Private law and suits; 6. Private law - negligence; 7. Private law - other torts and civil actions; 8. Legal processes, quasi and indirect legal scrutiny; Part III. Mishaps and Misdeeds Through a Human Service Lens: 9. Service delivery - screening, assessment and planning; 10. Service delivery - implementation and closure; 11. Information and records management; 12. Relationships, rifts and reactions; Part IV. Mishaps and Misdeeds Through a Unified Lens: 13. The consequences lottery; 14. Coda; Appendix A. Finding the law and cases; References; Index.show more