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Safeguarding Adults and the Law, Third Edition

Safeguarding Adults and the Law, Third Edition

Michael Mandelstam

(2019)

Additional Information

Book Details

Abstract

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.


Hendry and Hasler demonstrate how creative processes are interlaced with the neurodevelopmental lens of trauma, woven together by many hands of therapists, carers, professionals, organisations and schools. What emerges is an intricate tapestry with which children who have experienced trauma may be held, understood, and enjoyed, enabling new ways of relating and living in the world.
Australian and New Zealand Journal of Arts Therapy (ANZJAT)
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
Safeguarding Adults and the Law 3
Contents 7
Introduction: Issues and challenges for safeguarding in the social and health care context 15
Legal framework of adult safeguarding 35
A–Z list 41
Note on terminology used in references 42
A 43
Abuse 43
Acts of care or treatment (mental capacity), see Mental capacity 45
Adult protection 45
Advance decisions 46
Advocacy 47
Alarm, see Harassment, alarm or distress 50
Anti-social behaviour 50
Appropriate adult 55
Assault 56
Assessment (Care Act), see Care Act 2014 59
Assisted suicide 59
B 64
Barred list 64
Best evidence, see Witnesses 81
Best interests, see Mental capacity 81
Brexit 82
Burglary 82
C 85
Care Act 2014 85
Care and health providers 86
Care Quality Commission 88
Carers (Care Act) 95
Choking 104
Civil law 104
Civil orders and injunctions 104
Coercive behaviour, see Controlling or coercive behaviour 105
Cold-calling, see Rogue trading 105
Commissioning of services 105
Concealment 112
Confidentiality 119
Conflicts of interest within adult safeguarding 127
Contact with people lacking capacity 129
Controlling or coercive behaviour 135
Cooperation (Care Act) 138
Coroners 142
Corporate financial abuse, see Financial abuse: corporate 147
County lines 147
Court of Protection 149
Courts, see Remedies 149
Covert medication 149
Crime and Security Act 2010, see Domestic violence: protection notices and orders 150
Criminal behaviour orders, see Anti-social behaviour 151
Criminal Justice and Courts Act 2015, see Wilful neglect or ill-treatment 151
Criminal law 151
Criminal record certificates 151
Crown Prosecution Service 162
Cuckooing 166
Culture of care 167
Cyberbullying 169
D 171
Data protection 171
Deprivation of liberty 181
Deputies 185
Direct payments 187
Disclosure and Barring Service, see Criminal record certificates; Barred list 191
Distress, see Harassment, alarm or distress 191
Do not resuscitate orders 191
Domestic violence 192
Duty of candour, see Care Quality Commission 201
E 202
Elephant in the adult safeguarding room, see National Health Service 202
Employment Rights Act 1996, see Whistleblowing 202
Endangering life by wilful negligence 202
Enduring power of attorney, see Lasting power of attorney 202
Eligibility (Care Act) 203
Enquiries (Care Act) 206
Equality Act 2010 259
Estoppel, relying on assurances or promises, see Proprietary estoppel 260
F 261
Fear of violence, see Harassment, alarm or distress 267
False accounting 261
False imprisonment 264
False or misleading information 266
Family Law Act 1996 267
Female genital mutilation 267
Fiduciary duty 268
Financial abuse 269
Forced marriage 272
Forgery 276
Fraud 278
Fraudulent calumny 288
Freedom of Information Act 2000 289
G 315
General Medical Council 315
Gifts 316
Grievous bodily harm 317
Guidance (Care Act) 318
H 319
Harassment, alarm or distress 319
Harm, see Enquiries 321
Hate crime, see Crown Prosecution Service: aggravating features 321
Health and Care Professions Council (HCPC) 322
Health and Safety Executive 324
Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, see Care Quality Commission 327
Health and Social Work Professions Order 2001, see Health and Care Professions Council 327
Health providers 327
Health Service Ombudsman (HSO) 328
Hitting, see Assault; Ill-treatment 330
Honour-based crime 330
Hospital discharge 330
Human rights 332
I 342
Ill-treatment 342
Independent Mental Capacity Advocates, see Advocacy 342
Independent Safeguarding Authority 342
Informal carers, see Carers 342
Information disclosure 342
Inherent jurisdiction 346
Inhuman or degrading treatment, see Human rights 354
Injunctions, see Civil orders and injunctions 354
J 355
Judicial review 355
K 356
Kicking, see Assault; Ill-treatment 356
Kidnapping 356
L 357
Lasting power of attorney 357
Law courts and legal cases, see Remedies 367
Local Government Ombudsman 367
M 370
MAPPA, see Multi-Agency Public Protection Arrangements 388
Making enquiries, see Enquiries 370
Manslaughter 370
Marriage 388
Medical Act 1983, see General Medical Council 391
Medication 391
Mental capacity 393
Mental Capacity Act 2005, see Mental capacity 404
Misleading information, see False or misleading information 405
Modern Slavery Act 2015 405
Multi-agency approach to safeguarding 409
Multi-Agency Public Protection Arrangements (MAPPA) 411
Murder 414
N 417
National Health Service (NHS) 417
Neglect 442
Negligence 442
Non-molestation orders 451
Nursing and Midwifery Council 452
O 458
Occupation orders 458
Older people in hospital 461
P 466
Police Act 1997, see Criminal record certificates 466
Power to enter 466
Pressure sores 474
Prisons (Care Act) 475
Private life, see Human rights 475
Professional regulators 475
Proof, see Standard of proof 475
Proportionality 476
Proprietary estoppel (relying on assurances or promises) 476
Prosecution, see Crown Prosecution Service 477
Protection from abuse and neglect, see Care Act 2014 477
Public communications systems: improper use, see Harassment, alarm or distress 478
Public Interest Disclosure Act 1998, see Whistleblowing 478
Pushing, see Assault; Ill-treatment 478
R 479
Raising concerns, see Whistleblowing 479
Rehabilitation of Offenders Act 1997, see Criminal record certificates 479
Remedies 479
Restraining orders 480
Restraint 481
Robbery 484
Rogue trading 486
S 496
Safeguarding adults 496
Safeguarding adults boards 496
Safeguarding adults reviews 499
Safeguarding Vulnerable Groups Act 2006, see Barred list 503
Scale of neglect or abuse 504
Scamming 504
Self-neglect 506
Sexual activity 508
Sexual offences 512
Slapping, see Assault; Ill-treatment 527
Social services 527
Special measures, see Witnesses 528
Standard of proof 528
Suicide, see Assisted suicide 528
T 529
Theft 529
Threats to kill 545
Transparency, see Concealment 545
U 546
Unconscionable bargains 546
Undue influence 547
Unwise decisions, see Mental capacity 552
V 553
Visiting bans, see Contact with people lacking capacity 553
Vulnerability 553
Vulnerable adults, see Vulnerability 555
Vulnerable witnesses, see Witnesses 555
W 556
Well-being 556
Whistleblowing 558
Wilful neglect or ill-treatment 587
Wills 626
Witness or juror intimidation 629
Witnesses 629
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