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By Michael Mandelstam
This brief consultant cuts during the complicated mass of laws to supply a concise and jargon-free rationalization of present neighborhood care perform and the legislations. In transparent and easy language, it explains the laws without delay suitable to practitioners, together with: principles approximately how humans in desire get an evaluate from neighborhood experts; the overview of want itself; eligibility for truly getting a provider (and the 'fair entry to care' policy); charging for prone; traditional place of abode; topping up of care domestic charges; assessing casual carers; and, the foundations approximately asylum seekers. It presents an summary and research of excessive profile concerns akin to direct funds, own budgets and the coverage of personalisation and nationwide wellbeing and fitness carrier provision, together with the vexed factor of NHS carrying on with well-being care. It additionally highlights the tasks put on neighborhood experts and the NHS, a few of the tensions underlying group care, and the resultant shortcuts - either lawful and illegal - that neighborhood professionals and the NHS consider obliged to take. "Quick advisor to neighborhood Care perform and the legislation" is an important source for busy practitioners in any respect degrees in addition to managers in either the statutory and voluntary sectors, policy-makers in neighborhood professionals and the NHS, advocates, legal professionals and social paintings scholars.
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Extra resources for Quick Guide to Community Care Practice and the Law
Sample text
For instance, in practice some authorities informally reset the previously agreed and publicised threshold of eligibility in order to relieve the pressure on an inadequate budget. This is maladministration31 and potentially unlawful. 34 Such shortcuts risk findings of unlawfulness by the law courts or of maladministration by the local government ombudsmen; yet they are widespread. Assessing risk to people’s independence The fair access to care guidance from the Department of Health sets out four different levels of risk to a person’s independence: critical, substantial, moderate and low.
From April 2009, a new Care Quality Commission (CQC) was formed, replacing the CSCI, the Healthcare Commission and the Mental Health Act Commission. This is under the Health and Social Care Act 2008; new sets of care standards are being developed under the 2008 Act and will replace those under the 2000 Act. 60 Contracting out services: out of sight, out of mind? Local authorities increasingly contract out services to the independent sector, against a background of financial and performance targets imposing great pressure on both commissioners and providers to pare down costs and cut corners.
However, regulatory bodies do not always detect or prevent poor, and even calamitous, practices. This means that local authorities should take even more seriously their responsibility to monitor their own and contracted-out services and to sort out problems. g. R(Wilson) v Coventry City Council [2008] EWHC 2300 Admin; R(Cowl) v Plymouth CC [2001] EWCA Civ 1935; R(Dudley) v East Sussex County Council [2003] EWHC Admin 1093; R(Haggerty) v St Helens Metropolitan Borough Council [2003] EWHC Admin 803.