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Community Care and the Law

Author: Luke Clements and Pauline Thompson

Community Care and the Law has become the leading text for lawyers, policy workers, local authorities and voluntary sector advisers and carers.

Full Price: £48

Edition: Fourth (October 2007) 1064pp

Community Care and the Law cover image

'This gem of a book ... sets out everything you could possibly want to know about community care law and practice (and much that you didn't know existed) ... I would urge you to buy this book.' Mind

' ... an indispensable guide for those working in the field of community care.' Adviser

'This is a key text for lawyers, advisers, local authorities and charities working in the field of community care. It provides essential information about social service functions and regulatory regimes.' Child Right

At some point in their lives, virtually everyone has community care needs, whether it is as an individual or as a carer. At its heart, community care concerns the provision of assistance to allow vulnerable people with special needs to live independently, either in their own, or in residential care, homes. Consequently, community care law impacts on healthcare, education, social services, housing, support for asylum-seekers and, fundamentally, human rights.

This is a notoriously complicated field with overlapping legislation, guidance and an ever-expanding body of case-law: for every general rule, there is at least one exception.

The authors of Community Care and the Law skilfully present this complex area of law with clarity but without over-simplification. They provide a detailed route map through the law and offer practical guidance on how it impacts on procedure and services. The text is usefully illustrated with flow-charts, tables and extracts from legislation.

This new edition considers the most significant case-law developments and all new legislation since 2004, including:

  • Safeguarding Vulnerable Groups Act (SVGA) 2006
  • Work and Families Act 2006
  • NHS Acts 2006
  • Mental Capacity Act 2005
  • Asylum (Provision of Accommodation to Failed Asylum Seekers) Regulations 2005
  • Carers (Equal Opportunities) Act 2004
  • Children Act 2004
  • Social Care (Community Health and Standards) Act 2003

As well as revising all existing chapters, the authors have included new material on:

  • mental capacity;
  • rights of people unlawfully in the UK and of those seeking asylum;
  • adult protection;
  • hospital discharge;
  • the 2007 National Framework for Continuing NHS Care Entitlement;
  • new statutory complaints procedures for the NHS and social services;
  • the legality of tightening eligibility criteria and funding panels;
  • reform of the Direct Payments regimes;
  • the radical reform of the NHS legislative framework.

Luke Clements is a solicitor and consultant with Scott-Moncrieff, Harbour & Sinclair (London). He is a member of the Law Society's mental health and disability committee; he is community care legal adviser to Carers UK and a Professor at Cardiff Law School, University of Wales.

Pauline Thompson is a policy adviser at Age Concern England covering care finance. She has worked in local authority social work and welfare rights. Pauline is on the editorial board of the Community Care Law Reports. She is co-author of the CPAG Paying for Care Handbook and contributes to the Disability Rights Handbook.

See also LAG's training courses: Community Care Update and Introduction to Community Care Law.


Sample chapter

Chapter oneChapter one (pdf: 144Kb)


Academic information


Review

 

ISBN / ISSN : Pb 978 1 903307 47 2

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