Community Care Practice and the Law

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9781853022739: Community Care Practice and the Law
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Managers at all levels in the health and social services daily make decisions concerning the care and treatment of their patients and clients and its funding. What are the legal implications? Media attention on a "two-tier health service" and social care "rationing" is increasing; these issues will be of pressing concern, and their financial implications considerable. This book is a practical guide to the legal implications of community care policy and practice. It offers informed analysis and discussion and should be an essential reference for managers in the social and health services, in both statutory and voluntary sectors, and for the legal profession. It is in two parts. The first discusses some of the more contentious aspects of community care and their legal implications. It puts forward suggestions about the likely attitude of the courts should community care cases come to trial in either the private or public law arenas. The second takes the reader through the community care process, beginning with topics such as planning and publicity, and moving on to referral, assessment and review. Each section in this part contains a summary, extracts from legislation and guidance, followed by discussion and analysis.

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About the Author:

Michael Mandelstam has worked independently for ten years providing legal training, advice and consultancy to local authorities, the NHS and voluntary organisations. Previously he worked for a decade 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 history of science and medicine. He lives in Sudbury, Suffolk.

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