Law Medical Law

Care Act Manual, 3rd Edition

By Tim Spencer-Lane
Sweet & Maxwell U.K. October 2019

Specifications

ISBN-13
9780414072527
Publisher
Sweet & Maxwell U.K.
Publication
October 2019
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

The new 3rd edition of the Care Act Manual provides a comprehensive guide to the Care and Support Act 2014 which came in force from 1 April 2015.

Written in a clear and practical style, the new edition gives easy and up-to-date access to the law governing the provision of care and support services to older and disabled people, and that safeguarding vulnerable adults from abuse and neglect.

  • Provides annotation to the Care Act 2014 and over 14 sets of regulations that have been issued under the Act (including the recent amendments made to the charging regulations)
  • Sets out fully the legal framework for carrying out needs assessments and the provision of care and support services to older and disabled people, and safeguarding vulnerable adults from abuse and neglect.
  • Covers the revised version of the statutory guidance to the Care Act
  • Looks at the concept of ordinary residence in the light of the Supreme Court decision in R (Cornwall Council) v SSH [2015] UKSC 46.
  • Considers all the significant case law developments since the implementation of the Care Act, as well as decisions by the Local Government and Social Care Ombudsman
  • Provides detailed analysis of when individuals can establish legal rights to services, including the ramifications of the Court of Appeal decision in R (Davey) v Oxfordshire CC [2017] EWCA Civ 1308
  • Looks at rights to independent advocacy to represent and support a person going through the adult social care system, as reinforced by the decision in R (SG) v LB Haringey [2017] EWCA Civ 322, the first ever case to be decided under the Care Act
  • Documents and considers the implications of the Government decision not to take forward the capped costs system and funding reforms recommended by the Dilnot Commission
  • Considers the interface between the Care Act and the Mental Capacity Act following the Supreme Court decision in N v ACGG [2017] UKSC 22
  • Provides a detailed analysis of the border between health and social care and sets out recent case law developments

Table of Contents

  1. Introduction and background to the Act. 
  2. General Responsibilities. 
  3. What is care and support? 
  4. Assessing needs. 
  5. Imposing charges and assessing financial resources. 
  6. Who can have their needs met? 
  7. What happens after their assessments? 
  8. Who can receive direct payments?
  9. Establishing where a person lives. 
  10. Safeguarding adults at risk of abuse or neglect. 
  11. Transition for children to adult care and support. 
  12. Enforcement of debts. 
  13. Miscellaneous

About the Author

Tim Spencer-Lane is a lawyer at the Law Commission of England and Wales specialising in health and social care, mental health and disability law. He presided over the Commission’s review of adult social care between 2008 and 2011.

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