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.

The protection of vulnerable adults is a fast emerging area of work for local authorities, the NHS and other agencies. Safeguarding Vulnerable Adults and the Law, sets this within a comprehensive legal framework. The relevant law and guidance is extensive. It includes Department of Health guidance (No Secrets), 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, manslaughter, murder, theft, fraud, sexual offences, data protection and the sharing of information. The book focuses on how these areas of law apply to vulnerable adults, and brings together an extensive body of case law to illustrate this. Also covered is how local authorities and the NHS may themselves be implicated in the harm - through abuse, neglect or omission - suffered by vulnerable adults. For example, in terms of the gross lapses in standards of care, infection control, nutrition and basic dignity sometimes to be found in hospitals. All those working in community care, adult social work, health care and housing will find this book invaluable. Local authorities, the NHS, voluntary organisations and students will find this to be essential reading.

Now in its completely updated second edition, this accessible guide provides essential information about how the law can be used to promote good practice and policy development for disabled children and young people. The authors take an anti-discriminatory and inclusive approach that involves parents and children in decision-making and advocacy. They summarise recent research on common needs and problems of disabled children, young adults and their families, and what support services are valued by them. Individual chapters cover issues affecting children at different stages in the lifecourse, including receiving diagnosis, ensuring educational and social inclusion, and establishing autonomy and independence in early adulthood. The overlapping legal responsibilities of social services, health and education are explained and changes arising from the Children Act 2004 are highlighted. Disabled Children and the Law is an essential reference for practitioners, policy makers, students and families.

This book contains the Agreements on Social Security between the United States and Iceland, Uruguay and the Republic of Slovenia. The Agreements are similar in objective and content to the social security totalization agreements already in force with other leading economic partners in Europe and elsewhere, including Australia, Canada, Chile, Japan, Norway, the Republic of Korea, and Switzerland. Such bilateral agreements provide for limited coordination between the United States and foreign social security systems to eliminate dual social security coverage and taxation and to help prevent the loss of benefit protection that can occur when workers divide their careers between two countries.

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.

'In this important contribution to the analysis and construction of European Union citizenship, Charlotte O'Brien provides her characteristic blend of rigorous legal scholarship and compelling social vision. She identifies challenging questions about the relationship between justice and vulnerability that should concern the shaping of law at all levels of governance.' Professor Niamh Nic Shuibhne, University of Edinburgh 'Piercing the veil of well-known proclamations of "equality" and "non-discrimination", in this intimate portrait of Union law O'Brien sounds a sobering wake up call. The Union, to the genuine surprise of some converted, is a powerful actor of injustice, failing the vulnerable Europeans at many a turn, blinded by its own proclaimed righteousness and goodness to be aware of the plight of those it lets down. The sooner we dispel the oxymoronic myth of a "market citizen" as a necessary tool of the uniquely benevolent EU internal market project, the sooner the process of healing the Union turning its back on the majority of Europeans can begin. This book is an important part of this beginning.' Professor Dimitry Kochenov, University of Groningen 'Doctrinal mastery. Intellectual rigour. Conceptual depth. Empirical enrichment. O'Brien's landmark text offers its readers all of these qualities. But she also writes with a clarity and honesty of purpose that is an inspiration to her readers. Particularly at a time when certain political actors seek to vilify "expertise", Unity in Adversity is a testament to the value of independent and critical academic research.' Professor Michael Dougan, University of Liverpool The EU is at a crossroads of constitution and conscience. Unity in Adversity argues that EU market citizenship is incompatible with a pursuit of social justice, because it contributes to the social exclusion of women and children, promotes a class-based conception of rights, and tolerates in-work poverty. The limitations of EU citizenship are clearest when EU nationals engage with national welfare systems, but this experience has been neglected in EU legal research. Unity in Adversity draws upon the ground-breaking EU Rights Project, working first hand with EU nationals in the UK, providing advice and advocacy, and giving ethnographic insight into the process of navigating EU and UK welfare law. Its study of EU law in action is a radical new approach, and the case studies illustrate the political, legal and administrative obstacles to justice faced by EU nationals. Taken together, the strands demonstrate that 'equal treatment' for EU nationals is an illusion. The UK's welfare reforms directed at EU nationals are analysed as a programme of declaratory discrimination, and in light of the subsequent referendum, should be treated as a cautionary tale - both to the EU, to take social justice seriously, and to other Member States, to steer away from xenophobic law-making. Shortlisted for the 2018 BBC Thinking Allowed Award for Ethnography. Winner of the 2019 Hart-SLSA Book Prize.

Social Security (comprising Old-Age and Survivors Insurance (OASI) and Disability Insurance (DI)) is the largest single program in the federal governments budget. In 2010, annual outlays for the program exceeded annual revenues (excluding interest) credited to the combined trust funds. A gap between those amounts has persisted since then, and in fiscal year 2015 outlays exceeded tax revenues by almost 9 percent. As the baby-boom generation retires over the next 10 years, the Congressional Budget Office (CBO) projects, the gap will widen between amounts credited to the trust funds and payments to beneficiaries. This book considers 36 policy options that are among those commonly proposed by policymakers and analysts as a means of restoring financial security to the Social Security program. Furthermore, this book presents additional information about CBOs long-term projections for Social Security in the form of 15 exhibits that illustrate the programs finances and the distribution of benefits paid to and payroll taxes collected from various groups of people.

Labour and social security law studies have addressed the topic of the decline of the standard employment relationship mainly from the point of view of the growing number of atypical relationships. Only a limited number of studies have examined the issue from the perspective of the differentiation between core and contingent work. Such an examination is necessary as the increase in contingent work leads to complicated legal questions which vary between European states depending on the type of contingent arrangements that have become most prevalent. This book analyses, using a comparative approach, these different types of contingency from a national and EU perspective touching on the work relationship from a labour as well as a social security point of view. The aim of the book is to identify and analyse those questions adopting an innovative approach and to put forward proposals for safeguarding social cohesion within undertakings and European society.

Getting By offers an integrated, critical account of the federal laws and programs that most directly affect poor and low-income people in the United States-the unemployed, the underemployed, and the low-wage employed, whether working in or outside the home. The central aim is to provide a resource for individuals and groups trying to access benefits, secure rights and protections, and mobilize for economic justice. The topics covered include cash assistance, employment and labor rights, food assistance, health care, education, consumer and banking law, housing assistance, rights in public places, access to justice, and voting rights. This comprehensive volume is appropriate for law school and undergraduate courses, and is a vital resource for policy makers, journalists, and others interested in social welfare policy in the United States.

The last decade has presented major challenges for many Americans economic security. The most severe recession since the 1930s significantly impacted the national economy and household budgets. With high unemployment and a slow recovery, many Americans sought income from various sources, including unemployment and disability benefits, and some claimed Social Security retirement benefits earlier than they had planned. Through all of this, Social Security has remained the bedrock of retirement security, providing benefits to tens of millions of older Americans, while also providing benefits to survivors and other dependents, as well as workers with disabilities and their families. Social Security has helped reduce poverty among older Americans and people with disabilities; many beneficiaries rely on Social Security for the majority of their income. However, demographic shifts associated with the aging baby boom generation, along with the effects of the 2007 to 2009 recession, have strained Social Securitys finances. This book is intended to describe, in a concise and easy-to-understand way, the complexities of Social Security, the challenges the programs face, and the options available to address these challenges.

According to Pinkerton-the leading provider of risk management services in the world-workplace violence is second only to cybersecurity as the top threat faced by organizations today. Incidents involving active shooters in the workplace are on the rise and becoming more violent and deadly. Active Shooter provides the tools necessary to identify potential violent individuals, along with the options and responses needed to save lives, reduce corporate liability, and recover from an active shooter event should it happen. Active Shooter begins with a brief history of active shooters and how they have changed over time. It shows why many perpetrators initiate attacks, what they often are thinking, and some of the indicators that could have been identified prior to the attack. The book shows how to develop an active shooter program in an organization, walking readers through the entire process including training exercises to test the efficiency of the program. With the uniquely private security perspective, Active Shooter illustrates how to communicate with law enforcement, government agencies, and the media in the event of active shooter incident. The book concludes with a discussion of how organizations can recover promptly after an incident, which is crucial for operational survival.

Congressional interest in the laws and processes involved in conditioning U.S. assistance to foreign security forces on human rights grounds has grown in recent years, especially as U.S. Administrations have increased emphasis on expanding U.S. partnerships and building partnership capacity with foreign military and other security forces. Congress has played an especially prominent role in initiating, amending, supporting with resources, and overseeing implementation of long-standing laws on human rights provisions affecting U.S. security assistance. This book provides background on the Leahy laws, including a brief history of their legislative development; an overview guide to the standards and processes used to "vet"that is, review and clearforeign military and other security forces for gross violations of human rights; and a brief review of salient issues regarding the provisions of the laws and their implementation. It also examines the extent to which State and DOD provide guidance to their personnel to address the Leahy laws; how the State monitors whether U.S. embassies have developed procedures to address the requirements of the Leahy laws; how the state provides training to personnel who conduct human rights vetting; assesses the extent to which DOD and State safeguard U.S. military technologies sold or exported to the Gulf countries; provide similar or differing levels of protection for the same military technologies; and vet recipients of U.S.-funded military training and equipment for potential human rights violations.

Children are in need of support not due to any fault on their part but due to their circumstances. Local authorities have a duty to safeguard and promote the welfare of children and provide services to those 'in need'. Children in Need is a comprehensive and accessible handbook that sets out the statutory obligations of local authorities to support vulnerable children and families, including children in, and leaving, custody, disabled children, migrant children and families, trafficked children and children leaving care. Taking a rights-based approach, it analyses domestic and international law and sets out the entitlements to services and support that are all too often denied. Uniquely focused on the often-neglected Part 3 of the Children Act 1989, Children in Need combines authoritative guidance on the law with practical advice from a team who routinely act for children and their families in the court. Children in Need is up to date to include: * detailed coverage of the new guidance, Working together to safeguard children (2013) and its impact * analysis of recent key cases, including R(KO) v Lambeth LBC and R(VC) v Newcastle City Council * Case-law developments in respect of duties to migrant children and their families, following the judgment in Clue * details of the new National Standards for Youth Justice Services (2013) Children in Need is essential reading for claimant lawyers, advocates, voluntary and statutory sector advisers, local authority lawyers and frontline staff, social workers and academics. It is intended to assist all those who work with and for children 'in need' and their families to understand and apply the law to the benefit of vulnerable children.

Approximately half of the total UK population is in receipt of one or more welfare benefits, giving rise to the largest single area of government expenditure. The law and structures of social security are highly complex, made more so by constant adjustments as the government pursues its often conflicting economic, political, and social policy objectives. This complexity is highly problematic. It contributes to errors in decision making and to increased administrative costs, and is seen as disempowering for citizens, thereby weakening enjoyment of a key social right. Current and previous UK administrations have had a commitment to simplify the benefits system. It is a specific objective underlying the introduction via the Welfare Reform Act 2012 of Universal Credit in place of diverse benefits, although it is not clear that the reformed system will be legally less complex and better for citizens to access. The book explains how and why complexity in modern welfare systems has grown. It identifies the different ways in which legal and associated administrative arrangements are classifiable as 'complex, ' and it discusses the effects of complexity on the system's administration and its wider implications for rights and the citizen/state relationship. The book also considers the role that the law can play in the simplification of schemes of welfare. It makes reference not only to the UK welfare system, but also relevant policies and experiences in various other States. Law in a Complex State is an interesting and topical study for all those interested in welfare law

In March 2010, the 111th Congress passed health reform legislation, the Patient Protection and Affordable Care Act (ACA). ACA increases access to health insurance coverage, expands federal private health insurance market requirements, and requires the creation of health insurance exchanges to provide individuals and small employers with access to insurance. It also expands Medicaid coverage. The costs to the federal government of expanding health insurance and Medicaid coverage are projected to be offset by increased taxes and revenues and reduced spending on Medicare and other federal health programs. This book provides an overview of major ACA provisions, implementation and oversight activities.

Legislating under the Charter explores how governments and Parliament justify limitations on rights when advancing laws that raise rights concerns or when responding to judicial decisions under the Canadian Charter of Rights and Freedoms. Through an analysis of legislation concerning criminal justice policy, the approval of new safe consumption sites, sex work, and medical aid in dying, the book provides a detailed analysis of the extent and nature of parliamentary deliberation about rights, the extent to which government initiatives are properly scrutinized, and the broader institutional relationships under the Charter. The authors draw from a host of qualitative data, including research interviews and examination of judicial decisions, various bills under study, Hansard debates from the floor of the House of Commons, committee and Senate scrutiny of legislation, bureaucratic advice and Charter statements by the department of justice, and news media coverage. The book offers a set of concrete reform proposals to improve the transparency and accountability of executive and bureaucratic vetting processes, and to strengthen the role of Parliament in upholding constitutional values and holding the government to account. In doing so, Legislating under the Charter contributes to the broader comparative scholarship on models of judicial review, morality policy, policy change, and constitutionalism.

The Home Health Care Answer Book will help new and existing home healt h agencies quickly find answers to specific legal questions. It compre hensively addresses all legal aspects of home health care in an easy-t o-use, question-and-answer format, organized by topic.