Community care and the law

Luke Clements

Seventh edition  | July 2019  | 900pp  | ISBN: Pb 978 1 912273 22 5 | £70

‘This gem of a book … sets out everything you could possibly want to know about community care law and practice (and much that you didn’t know existed) … I would urge you to buy this book.’ Mind

‘ … an indispensable guide for those working in the field of community care.’ Adviser

‘This is a key text for lawyers, advisers, local authorities and charities working in the field of community care. It provides essential information about social service functions and regulatory regimes.’ Child Right

Community Care and the Law is the pre-eminent legal text on adult social care law.  Its contributors are leading experts in the field and the lead author, Professor Luke Clements, was the expert adviser to the Parliamentary Committee that scrutinised the Bill that became the Care Act 2014.

Community Care and the Law is the leading text for lawyers, policymakers, local authority and voluntary sector advisers and carers.  The book presents this complex area of law with clarity but without over-simplification. It provides a detailed route map through the law and offers practical guidance on how it impacts on procedures and services.

There is a comprehensive coverage of local authority duties and powers, to adults in need and to carers – including assessments, care planning, ordinary residence, care and support services, direct payments, NHS responsibilities, housing, safeguarding and the rights of asylum seekers.  The remedies chapter has a step by step guide to complaints, ombudsman and judicial review procedures.

Contents include:

• The statutory scheme, the well-being duty and other cross cutting obligations
• Assessments, care planning and care services
• Ordinary residence
• Charging
• Direct payments
• NHS Continuing Healthcare, hospital discharge and intermediate care
• Mental capacity
• Housing
• Group specific care and support duties for: older people, people with learning disabilities, autism, mental health difficulties, substance misuse, sensory impairments and prisoners
• People subject to immigration controls
• The regulation of care
• Safeguarding
• Remedies

• an updated section concerning the well-being principles including reference to the UN Convention on the Rights of Persons with Disabilities General Comment (2017) on Article 19 (the right to independent living)
• a new chapter focussing specifically on the Eligibility Criteria
• coverage of recent secretary of state ordinary residence determinations clarifying the new rules relating to supported living and shared lives as specified accommodation for ordinary residence purposes
• substantially reworked text covering the new (October) 2018 NHS Continuing Healthcare Framework Guidance
• an updated information, data protection and confidentiality chapter referencing the Data Protection Act 2018 and the General Data Protection Regulation

Community Care and the Law contains extensive cross referencing for easy navigation.  The appendices include the text of the key provisions of the Care Act 2014 and other relevant legislation.