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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.
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.
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.
A practical understanding of the law is essential for all those
involved in the manual handling of adults and children (as
patients, clients or pupils), whether in 'hands-on', managing,
commissioning or advisory roles. To this end, Manual Handling in
Health and Social Care presents an accessible overview of manual
handling legislation, legal case law, national guidance, policy and
practice. Applicable primarily to England, Scotland and Wales, it
covers both employee safety under the Manual Handling Operations
Regulations and wider health and safety at work legislation, and
also patient and client entitlement under community care, NHS and
human rights legislation. A stand-alone overview of manual handling
law and practice is followed by more in-depth material, in A-Z
format and fully cross-referenced, which allows the reader to look
up issues for quick access to further information. In particular,
it contains an extensive collection of case law relevant to health
and social care and digested in summary form. Topics include
rehabilitation, risk assessment, care plans, equipment provision,
documentation of decisions and cumulative strain injury. Addressing
the tensions sometimes existing between the health and safety of
employees, the needs and wishes of service users and limited
resources, this book provides professionals, managers, front-line
staff and legal advisers with an understanding of law as a useful
and practical tool to assist in solutions to manual handling
problems.
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