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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