Family Law

Care Act Manual

By Tim Spencer-Lane
Sweet & Maxwell U.K. September 2014

Specifications

ISBN-13
9780414032606
Publisher
Sweet & Maxwell U.K.
Publication
September 2014
Format
Paperback , 350 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

In light of the Care Act 2014, we are delighted to introduce a new title to the Sweet & Maxwell library. The Care Act Manual provides a comprehensive and crucial guide to this piece of legislation regarding the provision of care and support services to older and disabled people, and their carers, plus safeguarding vulnerable adults from abuse and neglect. Written by Tim Spencer-Lane who was responsible for the Law Commission’s review of adult social care law, the Care Act Manual is written in a clear and practical style to help you ensure the law is fully understood.

CLARITY ON NEW SOCIAL CARE LAW

  • Provides annotation to the new Care Act 2014 that will come into force next year
  • Explains the new a single, modern law for adult social care which will replace all existing community care legislation dating back to the National Assistance Act 1948 
  • Provides easy access to the law regarding assessments and the provision of care and support services to older and disabled people, and safeguarding vulnerable adults from abuse and neglect. Written in a clear and detailed style for the busy practitioner, accessible to both lawyers and social care professionals
  • Sets out the funding reforms such as the cap on care costs for all people with social care needs and deferred payments which aim to prevent people from having to sell their home in their lifetime to pay for care
  • Sets out the new legal framework for the assessment and provision of services to family and other informal carers
  • Explanatory commentary to help ensure that the law is fully understood
  • Explains how care and support plans must be formulated, and the new rights to a personal budget and a care account
  • Includes guidance on the responsibilities of local authorities and individual social workers
  • Features guidance on accessing care and support needs, including the new national eligibility criteria
  • Sets out how charges will be imposed on service users and the assessment of their financial resources
  • Clarifies which adults (including carers) can have their needs met and how duties, powers and exceptions are applied
  • Shows the process for safeguarding adults who are at risk, including enquiries by local authorities, Safeguarding Adult Boards and other safeguarding legislation (such as the Mental Health Act, Mental Capacity Act and inherent jurisdiction of the High Court)
  • Sets out the new right for service users and carers to a portable assessment and care plan when a person moves between local authority areas
  • Details the issues involved in the transition of children into adult care
  • Provides guidance on the discharge of hospital patients and after care needs under the Mental Health Act 1983
  • Explains the new rights to advocacy under the Care Act and the new appeals process against the decisions of local authorities
  • Sets out the new provisions for providing care and support in prisons

 

Features:

  • Goes through the process for safeguarding adults who are at risk, including enquiries by local authorities, Safeguarding Adult Boards and other safeguarding legislation (such as the Mental Health Act, Mental Capacity Act and inherent jurisdiction of the High Court)
  • Sets out the new right for service users and carers to a portable assessment and care plan when a person moves between local authority areas

Table of Contents

  1. Introduction and background to the Act
  2. General Responsibilities of Local Authorities
  3. Meeting needs for care
  4. Assessing needs
  5. Imposing charges and assessing financial resources
  6. Continuity of care and support when an adult moves
  7. Safeguarding adults at risk of abuse or neglect
  8. Market oversight
  9. Transition for children to adult care and support
  10. Independent advocacy support
  11. Review of funding provisions
  12. Cross-border placements

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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