The aim of this book is to examine how EU law relates to and impacts on the national social security systems of the Member States. It asks three key questions. Firstly, it looks at how the internal market and its developments have eroded Member States' sovereignty over their social security systems, despite the fact that the EU has limited competence in the field. It then explores, secondly, how the Union Citizenship and, thirdly, the Charter of Fundamental Rights has affected the coordination of these regimes.

The safeguarding of vulnerable adults continues to increase in importance. Safeguarding Adults and the Law, now in its second edition, sets this complex area of work within an extensive legal framework and provides many useful pointers for practitioners and students. The book covers, for example, Department of Health guidelines, human rights, the regulation of health and social care providers, the barring of carers from working with vulnerable adults, care standards tribunal cases, mental capacity, undue influence, assault, battery, wilful neglect, ill treatment, self-neglect, manslaughter, murder, theft, fraud, sexual offences, data protection and the sharing of information. It focuses on how these areas of law apply to vulnerable adults, and uses the large body of case law to bring the law to life. Also covered is how local authorities and the NHS are implicated in causing harm - through abuse, neglect or omission - as exemplified by the independent and public inquiries into the catastrophic events at Stafford Hospital. This fully-updated second edition comprehensively reflects recent changes to the law, and includes many new case studies. It looks forward also to the implications, for safeguarding, of the draft Care and Support Bill 2012. This book will be an essential resource for all those working in community care, adult social work, health care and housing. Those working for local authorities, the NHS, voluntary organisations and students will find it to be essential reading.

This fourth edition of Community Care Practice and the Law has been fully updated to reflect the rapid and continuing legal, policy and practice changes affecting community care. It provides comprehensive and jargon-free explanations of community care legislation, as well as other areas of law directly relevant to practitioners, including the NHS, disabled facilities grants and housing adaptations, asylum and immigration, mental capacity, human rights, disability discrimination, health and safety at work and negligence - and a range of legal provisions relevant to the protection and safeguarding of adults. Apart from the burgeoning legal case law and ombudsman investigations, changes from the last edition include coverage of the Mental Capacity Act 2005, legal implications of 'self directed care' and 'individual budgets', changes to direct payments and 'ordinary residence' determinations. In particular, new guidance applies to the high profile issue of NHS continuing health care. The book is an essential guide for practitioners and managers in both the statutory and voluntary sectors, policy makers in local authorities and the NHS, advocates, lawyers and social work students.

Cohen challenges the assumption that one cannot work for the central or local government and challenge it at the same time. He does not encourage law breaking, but provides practical suggestions on how an official can act within the law without intentionally magnifying the problems of the person the official is obliged to serve. This book is challenging and deliberately thought-provoking, but it answers the question "what do I do?" This book should be on any syllabus on immigration and social work. Cohen has provided a thoughtful answer to many of the problems that those in social services and school are compelled to confront daily. He has done a fantastic service for all those concerned with the issue of immigration and asylum. This book cannot be praised highly enough.' - SAGE Race Relations Abstracts 'Immigration Controls, the family and the Welfare State is all in favour of the right of Labour to migrate. The rich can always find new markets or new places to build factories, while workers are denied the same right to move. This is the most practical book you could imagine. Each chapter includes case studies and suggests how a campaign around them could work' - Socialist Review 'Written primarily for social and welfare workers and advisers, the book sets out to unravel the complexities of immigration law, and its impact on the family and welfare rights. Among other things the book covers the history of controls, the practical application of law (using case studies), applying for immigration status, working with asylum seekers, interviewing, report writing, and liaison between welfare professionals, advisers and legal representatives. The author is an immigration lawyer with 25 years experience. He is former coordinator of the Greater Manchester Immigration Aid Unit, having practiced at the bar. - Welfare Benefits 'Steve Cohen is a veteran anti-racist campaigner who has for 25 years worked as an immigration adviser, and has during that period produced lucid and compelling analysis of immigration controls and the welfare state Each chapter starts with a casework problem raising important issues of practice. The issue may be about whether the headteacher of a state school can enrol a child who has been admitted for private education; or whether an 80-year-old with no permission to stay can get meals on wheels. In chapters on marriage, children, unmarried partners, asylum and on benefits, education, housing, social and health services and probation, he combines history and comprehensive guidance he explains when and why it is necessary for local authority or voluntary sector workers to ask their clients about their immigration status; how it should be done and the consequences of not doing so This book is absolutely unique in its contribution of "law, theory, politics and practice" and it is absolutely indispensable for anyone working with those affected by immigration controls.' - CARF62 'This is a work of political polemic, with an ace handbook attached. It presents current immigration law and practice for practitioners in education and the medical and social services, from an explicit anti-racist stance. It will also be of considerable use to the specialist legal practitioner It explains immigration issues as they might arise in the context of different areas of practice. Each chapter begins with a true-life tale and a casework example. Examples drawn from life and history are given throughout. The structure of the book is clear and the index likewise useful The book is to be particularly commended to all practitioners for its readability and accessibility, which is achieved without any loss of clarity about the law.' - Family Law The increasingly close relationship between immigration controls and the welfare state makes the law highly relevant to many professional groups, including workers within local authorities, the voluntary sector and the welfare state. In this comprehensive handbook Steve Cohen examines the law, including the 1999 Immigration and Asylum Act, as it applies to the relationship between issues of welfare, immigration control and refugee status, giving pointers for good practice. The practical application of the law is illustrated with a wealth of case studies. The guidelines for anti-racist practice, campaigning, contesting immigration status, working with asylum-seekers, interviewing, report writing and liasing between welfare professionals and legal representatives make this book an essential resource for all professionals working in this field.

This expanded and updated edition of Legal Issues in Child Abuse and Neglect Practice will familiarize professionals from medicine, nursing, psychology, social work, and related disciplines with the innumerable legal implications in their day-to-day work. Offering a state-of-the-art exploration of the role that law can play in cases of child maltreatment, this edition closes the communication gap between legal and helping professionals that sometimes reduces efficacy and cooperation in achieving the common goal of improving the lives of victimized children. This new edition continues to provide vital information to non-lawyers regarding how the legal system works in child maltreatment cases. John E. B. Myers discusses the prevalence and effects of child maltreatment, and he outlines the child protection system with clarity. Other areas covered include the investigation and reporting laws, issues of confidentiality and disclosure, expert testimony, cross examination and impeachment, and the liability of professionals. Legal Issues in Child Abuse and Neglect Practice is a must-read for mental health and legal professionals, health care providers, educators, and child advocates. Advanced clinical and legal students as well as academics and researchers will also find this material essential.

This comprehensive book explains the provision, both law and practice, of equipment and home adaptations to assist older or disabled people in daily living. Characterised by ill-defined statutory responsibilities and terminology, and an under-developed consumer retail market, the system of provision has long been recognised as chaotic and confusing for professionals and public alike. This is despite the fact that equipment and adaptations are meant to be a central plank of community care. Necessarily wide-ranging but maintaining its focus, the book aims critically to describe the system and thereby promote better practice. By exploring boundaries and breaking points of the system, it will also assist people to understand the law when things go wrong - from negligence to judicial review, and from contract to product safety legislation. Providing both overviews and extensive details, and so capable of use on various levels, the book will be indispensable to managers and practitioners in statutory services (social services, the NHS, housing, education and employment), advice agencies, voluntary organisations, manufacturers and suppliers, educational institutions, and lawyers. The range of items covered is great, from alarms to artificial limbs, baths to bedrooms, chopping boards to crutches, electronic toothbrushes to environmental controls, hearing aids to hoists, incontinence pads to ironing equipment, rails to ramps, speech aids to stairlifts, and walking frames to wheelchairs. Part I summarises provision and picks out main themes - including conflicts, contradictions and anxieties - emerging from a complex web of legislation, common law, guidance, everyday practices, complaints procedures, ombudsmen, formal legal remedies, broader welfare and consumer issues, and interaction of the public, private and voluntary sectors. It is pointed out that the rationing and fragmentation of welfare services, proliferation of community care legislation and guidance, and implementation of European Community Directives have merely added to the complexity. Part II explains systematically and in detail how, and on what legal basis, equipment and adaptations are provided by statutory services for people's social care, health care, housing, education and employment needs. Also covered is provision for people in residential and nursing homes. Spanning disparate areas of law, Part III illustrates what happens when things go wrong - outlining the law of negligence, and contractual issues arising about price, quality and `fitness of purpose' when people buy their own equipment. It discusses increasingly prominent European Community Directives and UK Regulations which impose legal liability in relation to defective products, lifting and handling, medical devices and general product safety. Both judicial review by the law courts and investigations by the ombudsmen are described, crucial remedies when people challenge - or statutory services defend - assessments, service delivery and rationing. Finally, Part IV lists, A-Z, equipment types from Air beds to Writing equipment, detailing what they are, how they are provided and by whom.

This short guide cuts through the confusing mass of legislation to provide a concise and jargon-free explanation of current community care practice and the law. In clear and simple language, it explains the legislation directly relevant to practitioners, including: rules about how people in need get an assessment from local authorities; the assessment of need itself; eligibility for actually getting a service (and the "fair access to care" policy); charging for services; ordinary residence; topping up of care home fees; assessing informal carers; and the rules about asylum seekers. It provides an overview and analysis of high profile issues such as direct payments, personal budgets and the policy of personalisation and National Health Service provision, including the vexed issue of NHS continuing health care. It also highlights the duties placed on local authorities and the NHS, the various tensions underlying community care, and the consequent shortcuts - both lawful and unlawful - that local authorities and the NHS feel obliged to take. Quick Guide to Community Care Practice and the Law is an essential resource for busy practitioners at all levels as well as managers in both the statutory and voluntary sectors, policy-makers in local authorities and the NHS, advocates, lawyers and social work students.