Quick Guide to Community Care Practice and the Law

This short guide cuts through the confusing mass of legislation to provide a concise and jargon-free explanation of current community care practice and the law.

In clear and simple language, it explains the legislation directly relevant to practitioners, including: rules about how people in need get an assessment from local authorities; the assessment of need itself; eligibility for actually getting a service (and the "fair access to care" policy); charging for services; ordinary residence; topping up of care home fees; assessing informal carers; and the rules about asylum seekers. It provides an overview and analysis of high profile issues such as direct payments, personal budgets and the policy of personalisation and National Health Service provision, including the vexed issue of NHS continuing health care. It also highlights the duties placed on local authorities and the NHS, the various tensions underlying community care, and the consequent shortcuts - both lawful and unlawful - that local authorities and the NHS feel obliged to take.

Quick Guide to Community Care Practice and the Law is an essential resource for busy practitioners at all levels as well as managers in both the statutory and voluntary sectors, policy-makers in local authorities and the NHS, advocates, lawyers and social work students.

1. Introduction. 2. How Community Care Law and Practice Works. 3. When Things Go Wrong. 4. Getting a Community Care Assessment and Getting Services. 5. Community Care Services: Care Homes. 6. Community Care Services: Help in People's Own Homes. 7. Informal Carers. 8. Direct Payments: Giving People Money. 9. Personalisation and Safeguarding. 10. Asylum and Immigration. 11. Ordinary Residence. 12. Home Adaptations. 13. National Health Service. 14. Continuing NHS Health Care. 15. Mental Capacity, Human Rights, Disability Discrimination. 16. Health and Safety at Work Legislation, and the Law of Negligence. Index.