This authoritative guide to the law of continuing healthcare provides clarity on a contentious issue for those in long-term care: which adults are eligible for full NHS funding, as opposed to self-funded social care. Written by seasoned legal expert Michael Mandelstam, it provides practitioners with clear information on both the letter and spirit of the law, written in an accessible style suitable for a wide range of health and social care practitioners. The book gives all the need-to-knows in a handy A-Z format for quick reference, including key legal rules, guidance and case law. It contains also an extended analysis, with detailed evidence, of NHS continuing healthcare over the last 30 years up to the present. This is critical in order to understand why the rules are so complex, confusing and sometimes disregarded, and why decisions can seem counter-intuitive, unfair and difficult to challenge. The book is essential reading to assist the making of decisions that are fair, lawful and transparent.

The Care Act 2014 represents a major upheaval in adult social care law: the biggest since 1948. This book sets out and explains the provisions of the Care Act 2014 in simple terms, illustrating its practical implications for both social and health care with many legal cases and local ombudsman investigations. It also includes a substantial section on NHS Continuing Health Care and how it relates to the Care Act. Presented in a handy A - Z format, Michael Mandelstam brings his extensive experience in this field to bear on this new, important piece of legislation. It is essential reading for health and social care managers and practitioners, advocates, lawyers, policy makers and students of social work and social policy.

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.

No official statistics are kept for the number of hospital patients, in particular older people, who are subjected to neglect and abuse. That is, left malnourished and dehydrated, in pain, allowed to develop agonising and fatal pressure sores, not taken to the toilet, left to lie in their own bodily waste, cared for in a filthy environment and at risk of infection, ignored, allowed to fall over repeatedly, not spoken to, left naked or dressed in other patients' clothes - and discharged from hospital prematurely. This book bears witness to all these practices and more. Setting out a wealth of evidence not previously brought together, Michael Mandelstam shows beyond question that neglectful care is a systemic blight, rather than mere local blemish, within our health services. He analyses the causes and factors involved, reveals the widespread denial and lack of accountability on the part of those responsible - and spells out the political, moral, professional and legal implications of this failure to care for the most vulnerable of patients with humanity and compassion. Most important, Mandelstam points to the main obstacles to a solution - and to how they can be removed and change be accomplished. This book should be read by anyone concerned with the state of our health services, including National Health Service users, government policy makers and planners, public health practitioners and academics and researchers.

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.

Safeguarding Adults and the Law, now in its third edition, sets this complex area of work within an extensive legal framework and provides many useful pointers for practitioners and students. It is now in an A-Z format, enabling quick reference to a wide range of civil and criminal law, and to legal case law. The book covers safeguarding duties under the Care Act 2014 and in particular the making of enquiries by local authorities, safeguarding adults boards, Department of Health guidance, human rights, regulation of health and social care providers, barring of carers from working with vulnerable adults, criminal records certificates, mental capacity, the High Court's inherent jurisdiction, undue influence, assault, battery, wilful neglect, ill treatment, self-neglect, manslaughter, murder, theft, fraud, sexual offences, modern slavery, domestic violence legislation, data protection and the sharing of information. The book focuses on how these areas of law, each with its own set of rules, apply to the practice of safeguarding adults. It contains numerous legal case summaries to bring the law to life. Fully updated, it reflects significant changes to civil and criminal law over the last five years. A critical introduction analyses serious challenges and issues inherent in the current culture of health and social care, and the implications for adult safeguarding. This book will be an essential resource for all those working in social care, health care and the police, as well as the many other agencies involved in safeguarding.

Manual Handling in Health and Social Care is written for all those involved in the manual handling of adults or children - including those carrying it out, assessors, managers and commissioners. It lays out the current legal requirements in a non-technical way and includes case studies illustrating the law applied in practice, across health, social care and sometimes educational settings. The book applies to England, Scotland, Wales and Northern Ireland. An extended introduction sets out challenges, past, present and future, including safety, balancing risk with duties to meet people's needs, human rights, avoidance of blanket policies, mental capacity, safeguarding, the limited resources of statutory services and single-handed care. It also considers some of the legal implications of increased use of technology (including remote assessment), as well as the "mechanisation" of care and its application to manual handling. The main part of the book is in the form of an A-Z guide, providing quick access to relevant legislation and common law (negligence) rules applying to personal injury cases. It covers also, extensively, judicial review legal challenges to decisions, when people and their families disagree with manual handing decisions that have been made. In addition, relevant ombudsman cases are included. The book will be essential reference for staff and managers in health and social care settings, students, legal professionals and all those working to ensure good practice and compliance with the law.

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.

Written in answer to a need for concise explanations of the key issues and terms involved in community care law, this comprehensive A-Z gives the reader immediate access to such a summary and explanation.;The text breaks down community care into individual terms such as assessment, eligibility criteria, home help, needs, and unreasonable desicions and then explains the legal and practical implications of each term in straightforward language.

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.