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Community Care Practice and the Law

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Table of Contents

Part I. Introduction, overview, underlying themes, remedies. 1.Introduction. 2. Overview of community care. 3. Underlying themes. 4. Non-judicial remedies. 5. Judicial remedies. Part II. Social services assessment and provision of services. 6. Social services assessment: referral and eligibility. 7. Reassessing, withdrawing services and waiting. 8. Care plans and provision of services. 9. Residential accommodation. 10. Charging for residential accommodation. 11. Non-residential services. 12. Charging for non-residential services. 13. Direct payments, carers, families with children in need, etc. 14. Asylum seekers and other people subject to immigration control. 15. Residence and eligibility for services. Part III. Housing, home adaptations and the NHS. 16. Housing and home adaptations. 17. National Health Service provision. 18. NHS continuing health care. 19. Joint working between local authorities and the NHS. Part IV. Decision-making capacity, safeguarding adults. 20. Mental capacity. 21. Protecting and safeguarding vulnerable adults. References. Index.

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The leading comprehensive guide to the legislation and central government guidance affecting community care

About the Author

Michael Mandelstam has worked independently for thirteen years providing 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. He has written a number of other books, including Safeguarding Vulnerable Adults and the Law and Manual Handling in Health and Social Care: An A to Z of Law and Practice, also by Jessica Kingsley Publishers.


Community Care Practice and the Law proves itself to be comprehensive and monumentally authoritative. -- Mental Health Practice Michael Mandelstam's book is superb, the more you look at it, the more you will find it of relevance. Care home providers and managers need to know and understand the law, especially when dealing with local authorities and other outside bodies such as Commission for Social Care Inspection. I've put this book to the test and it comes through with flying colours. -- Caring Times This book is set out coherently and with clear cross referencing. Mandelstam achieves the difficult task of providing an adequate description of legal issues with detailed analysis and thorough application; this is to his credit. It will appeal to and should be considered an essential text reference for specialist practitioners and managers in health and social care. -- Journal of Community Nursing The third edition has been substantially reworked from the previous edition essential reading for practitioners, managers and students who need a practical guide to the law as it applies to community care practice, it is an ideal book to dip into and is easy to navigate. -- British Journal of Occupational Therapy This book is an excellent resource for all physiotherapists, from policy developers to students. -- Journal of Physiotherapy For a bang-up-to-date reference book on everything relating to social care and the law,get the 4th Edition of Community Care Practice and the Law. -- Caring Times The overwhelming impression is that of accessibility - you can easily find the relevant law, case examples and challenges. -- Journal of Community Nursing This book is written well - this is no dry, dusty, legal read. Case law, tribunal and Ombudsman decisions have all been updated, and many are described in detail. Mandelstam summarises complex cases succinctly, explains legislation, case law and tribunal decisions, and doesn't shrink from incisive comment on the impact on vulnerable people of resource starvation and "labyrinthine" rules and regulations in social care. Practitioners, managers and agency lawyers should all have a copy of this edition on their desks. Students, too, will find it as good a guide to community care, as well as the law, as many standards texts. -- Professional Social Work Offering a comprehensive account of current community care law and policy, the book operates as a useful reference tool, whether the reader is looking, for example, for details on direct payments or mental capacity. Topics can be located both via the contents page and the index. It is a particularly useful tool for agencies, managers, practitioners, and students of health and social care. -- Journal of Social Welfare & Family Law a thorough guide for practitioners in different fields, providing jargon-free, comprehensive explanations for the most updated and relevant legal issues in community care... This book would be a useful addition to the libraries of health and social care professionals, both in universities and local practices where community care has been, or is being, developed. -- Physiotherapy Of particular interest to readers with an interest in dementia is the new section in this edition examining the Mental Capacity Act 2005. This is thoughtfully written with good case vignettes, complemented with concise definitions and clear explanations of powers and roles. Overall the volume succeeds in being both an introduction and solid reference to guide practice in a very wide range of scenarios. J would recommend this as a reference text for policy makers of Iocal authorities and NHS, but also for those who deal with complex issues in the community both in the social work and the NHS. -- Dementia Journal

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