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Book Details
Abstract
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.
Michael Mandelstam provides independent legal training, advice and consultancy to local authorities, the NHS and voluntary organisations. Prior to this, he worked at the Disabled Living Foundation, a national voluntary organisation, before moving to the Social Services Inspectorate at the Department of Health. He holds postgraduate qualifications in law, information studies and the history of science and medicine.
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Care Act 2014: An A-Z of Law and Practice - Michael Mandelstam | 3 | ||
| Introduction | 13 | ||
| A–Z List | 23 | ||
| A | 25 | ||
| Abuse, see Neglect and abuse | 25 | ||
| Adaptations, see Home adaptations | 25 | ||
| Adult protection, see Safeguarding and Neglect and abuse | 25 | ||
| Advice and information | 25 | ||
| Advocacy | 26 | ||
| After-care services, see Mental Health Act 1983 | 32 | ||
| Aids, see Community equipment | 32 | ||
| Appeals system | 32 | ||
| Assessment | 32 | ||
| Asylum seekers, see Immigration | 47 | ||
| Autism Act 2009 | 48 | ||
| B | 49 | ||
| Bail hostels, see Prisons | 49 | ||
| Better Care Fund | 49 | ||
| Blanket policies | 49 | ||
| Box ticking | 53 | ||
| Business failure | 53 | ||
| C | 55 | ||
| Care and support (or support) | 55 | ||
| Care and support (or support) plans | 57 | ||
| Care cap | 61 | ||
| Care home accommodation | 61 | ||
| Care home fees | 62 | ||
| Care Programme Approach | 63 | ||
| Care providers | 64 | ||
| Care Quality Commission (CQC) | 65 | ||
| Carers | 66 | ||
| Challenging decisions | 67 | ||
| Changes and closures | 67 | ||
| Charging | 70 | ||
| Children | 91 | ||
| Children and transition | 93 | ||
| Choice of accommodation | 98 | ||
| Clinical commissioning groups | 104 | ||
| Community equipment | 104 | ||
| Complaints | 105 | ||
| Continuing health care (CHC) | 105 | ||
| Continuity of social care: moving area | 117 | ||
| Cooperation | 119 | ||
| Cross-border placements | 122 | ||
| D | 123 | ||
| Decision-making process | 123 | ||
| Deferred payments | 123 | ||
| Delay | 124 | ||
| Delegation of functions | 127 | ||
| Direct payments | 129 | ||
| Discrimination, see Equality Act 2010 | 140 | ||
| Divide between social care and health care | 141 | ||
| Divide between social care and housing | 143 | ||
| Duties and powers | 143 | ||
| E | 145 | ||
| Education, health and care plans, see Children | 145 | ||
| Eligibility | 145 | ||
| Eligibility of adults in need | 150 | ||
| Eligibility of carers | 160 | ||
| Enquiries into abuse or neglect | 164 | ||
| Equality Act 2010 | 178 | ||
| Equipment, see Community equipment | 180 | ||
| F | 181 | ||
| Fettering of discretion, see Blanket policies | 181 | ||
| Fifteen minutes, see Home care visits | 181 | ||
| Funded nursing care | 181 | ||
| G | 183 | ||
| Guidance | 182 | ||
| H | 184 | ||
| Health and Social Care Act (Regulated Activities) Regulations 2014, see Care Quality Commission (CQC) | 184 | ||
| Health care, see National Health Service (NHS) | 184 | ||
| Health service ombudsman (HSO) | 184 | ||
| Home adaptations | 185 | ||
| Home care visits | 187 | ||
| Hospital discharge | 188 | ||
| Housing Grants, Construction and Regeneration Act 1996 (HGCRA) | 190 | ||
| Human rights | 195 | ||
| I | 198 | ||
| Immigration | 198 | ||
| Immigration: NHS, see Overseas visitors (NHS) | 205 | ||
| Independent advocacy, see Advocacy | 205 | ||
| Independent Living Fund (ILF) | 205 | ||
| Information and advice, see Advice and information | 205 | ||
| Integration | 206 | ||
| Intermediate care, see Reablement | 207 | ||
| J | 208 | ||
| Joint working, see Integration | 208 | ||
| Judicial review | 208 | ||
| L | 210 | ||
| Local government ombudsman (LGO) | 210 | ||
| Localism Act 2011 | 212 | ||
| M | 213 | ||
| Market oversight, see Business failure | 213 | ||
| Market shaping | 213 | ||
| Mental capacity | 214 | ||
| Mental Health Act 1983 (MHA, section 117 after-care) | 216 | ||
| Minor adaptations, see Home adaptations | 221 | ||
| N | 222 | ||
| National Health Service (NHS) | 222 | ||
| NHS continuing health care, see Continuing health care (CHC) | 227 | ||
| NHS England, see National Health Service (NHS) | 227 | ||
| Needs | 228 | ||
| Neglect and abuse | 228 | ||
| No recourse to public funds, see Immigration | 229 | ||
| Northern Ireland | 230 | ||
| Nursing care | 230 | ||
| O | 231 | ||
| Occupational therapy | 231 | ||
| Ordinary residence | 231 | ||
| Ordinary residence for the NHS, see National Health Service (NHS) | 236 | ||
| Outcomes | 236 | ||
| Overseas visitors (NHS) | 237 | ||
| P | 243 | ||
| Panels | 243 | ||
| Personal budgets | 246 | ||
| Personal care | 249 | ||
| Powers of entry | 249 | ||
| Prevention | 250 | ||
| Prevention: financial charging for services, see Charging | 253 | ||
| Principles in the Care Act | 253 | ||
| Prisons | 255 | ||
| Probation hostels, see Prisons | 256 | ||
| Protection of property | 256 | ||
| Provider failure, see Business failure | 258 | ||
| Public health | 258 | ||
| R | 259 | ||
| Reablement | 259 | ||
| Reassessment, see Reviewing need | 260 | ||
| Refugees, see Immigration | 260 | ||
| Refusal of assessment, see Assessment | 261 | ||
| Refusal of service | 261 | ||
| Registers | 262 | ||
| Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (RRO) | 262 | ||
| Rehabilitation | 263 | ||
| Remedies, see Challenging decisions | 264 | ||
| Removing people from their homes | 264 | ||
| Replacement care, see Respite care | 264 | ||
| Resources | 264 | ||
| Respite care | 264 | ||
| Reviewing need | 265 | ||
| S | 272 | ||
| Safeguarding | 272 | ||
| Safeguarding adults boards | 272 | ||
| Safeguarding adults reviews | 274 | ||
| Scotland | 277 | ||
| Self-assessment, see Assessment | 277 | ||
| Self-neglect, see Neglect and abuse | 277 | ||
| Services | 277 | ||
| Shared lives accommodation | 278 | ||
| Social work | 278 | ||
| Statutory guidance, see Guidance | 278 | ||
| Support | 278 | ||
| Supported living | 279 | ||
| U | 280 | ||
| United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) | 280 | ||
| Universal services, see Prevention | 280 | ||
| Urgent need | 280 | ||
| W | 282 | ||
| Wales | 282 | ||
| Well-being | 282 | ||
| Wheelchairs | 284 | ||
| Wilful neglect and ill treatment | 284 | ||
| Y | 285 | ||
| Young carers, see Children | 285 | ||
| Blank Page |