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Community Care Practice and the Law

Third Edition

Community Care Practice and the Law by Michael Mandelstam
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''The test of this kind of book is whether it does its job as an authoritative reference tool. I tried it out by looking up a few random areas - direct payments for carers, information sharing, statutory duty to provide accommodation, the legal status of care plans. Moreover topics could be easily pinpointed equally well from the index or the contents page.

The book is in five parts; part one provides an overview and covers underlying mechanisms, legal principles, good administration and remedies; part two considers community care legislation and guidance; part three covers housing adaptations, housing adaptations, NHS services and joint working; part four explores adult protection, decision making capacity, information sharing, human rights and disability discrimination and part five covers health and safety at work, negligence, contract and national regulation of care provision. Community Care Practice and the Law proves itself to be comprehensive and monumentally authoritative.''
- Tony Gillam, Mental Health Practice

This third edition of Community Care Practice and the Law has been substantially rewritten and restructured to reflect the rapid legal and policy changes affecting the community care field. It provides comprehensive and jargon-free explanations of both community care legislation and other areas of the law directly relevant to practitioners. Topics covered include:

  • assessment and eligibility criteria ('fair access to care') and waiting times
  • placing people in care homes
  • non-residential, domiciliary and home care services
  • carers' assessments and services
  • home adaptations and disabled facilities grants
  • direct payments
  • continuing health care and health services generally, including community equipment services
  • joint working between local authorities and the NHS
  • single assessment process, intermediate care
  • decision making capacity and incapacity
  • information sharing
  • adult protection
  • human rights and disability discrimination
  • health and safety at work legislation including manual handling
  • people subject to immigration control, including asylum seekers
  • care standards.
Numerous examples of legal cases and ombudsman investigations clearly illustrate the practical impact of legislation on community care. A separate chapter provides an at-a-glance view of the whole range of legislation underpinning the everyday work of practitioners. The author also identifies the underlying mechanisms, tensions and problems affecting community care law and practice. Primarily covering England in detail, much of the legal case law covered and the legal principles involved are of general relevance across the United Kingdom, and where material is not directly applicable to Wales, Scotland and Northern Ireland, short summaries offer general pointers for the position in these three countries.

This book is an essential guide for practitioners and managers in both the statutory and voluntary sectors, policy makers in local and central government, advocates, lawyers and social work students.

Praise for previous editions:
'An excellent resource and essential reading for students, practitioners and managers at every level.' - British Journal of Therapy and Rehabilitation

'By using practical examples and straightforward language, the book skilfully bridges the gap between law and practice...This impressive book should be made readily accessible to managers and practitioners working in the field of community invaluable guide.'
- Rostrum

'Mandelstam is ambitious in his aim but he has succeeded in producing a text that is stimulating in addition to being of practical use as a reference text... The book is logically organised and information is generally accessible to the reader with or without legal training.'
- Ageing and Society

'Exceptionally clear and impressively up-to-date. All those who read it will be significantly better informed.'
- Care Weekly

'A comprehensive and up-to-date guide to community care law, which discusses in detail, and with knowledge and insight about policy and practice, how the law provides both the framework for the delivery of services and the means by which decisions and services can be challenged...this should serve as a valuable reference book for many years.'
- Issues in Social Work Education

Jessica Kingsley Publishers; February 2005
562 pages; ISBN 9781846420986
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Title: Community Care Practice and the Law
Author: Michael Mandelstam