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Community Care and the Law
Luke Clements and Pauline Thompson
Cover of Community Care and the Law
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Fifth edition |  October 2011  | 1196pp
ISBN: Pb 978 1 903307 80 9

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

'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.

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

- Personalisation - case law and policy developments;
- The Law Commission reform proposals;
- The revised Eligibility Criteria guidance;
- The Equality Act 2010 and public sector equality duty;
- The Health and Social Care Act 2008 implementation;
- The revised Direct Payment Guidance;
- The new Ordinary residence guidance and judgments;
- The updated NHS Continuing Care guidance and the new Welsh framework;
- The revised hospital discharge guidance and proposed reforms;
- Expanded safeguarding chapter;
- New local authority and NHS complaints procedures;
- Updated section with flow diagram on asylum seekers and community care;
- Full cross referencing to the law in Wales;
- Updated flow diagrams demystifying complex legal issues.


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

Carolyn Goodall is a solicitor who leads the community care team at Sinclairslaw and took the lead updating the chapter: 'Remedies'.

Jean Gould is a freelance legal consultant and trainer at Carers UK and took the lead updating the chapters: 'Assessments and planning for discharge from hospital'; 'The care planning process and the delivery of services' and 'Carers'.

Edward Mitchell is a solicitor specialising in social care law who writes regularly on legal matters in community care. He worked on the whole book providing the Welsh perspective on policy and guidance.

Camilla Parker is a mental health and human rights consultant and took the lead updating the chapter: 'Safeguarding adults from abuse'.

Alison Pickup is a public law barrister at Doughty Street Chambers with a wide ranging claimant practice and took the lead updating the chapter: 'Asylum seekers and other overseas nationals'.

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