Reforming the law for adult care and support


Book Description

Dated July 2012. Government response to HC 941, session 2010-12 (ISBN 9780102971682)




Care and Support Rights After Neoliberalism


Book Description

This book offers an approach to care and support policy prioritizing gender equality, disability human rights and dignity for all.




The Affordable Care Act


Book Description

The Patient Protection and Affordable Care Act (ACA) was designed to increase health insurance quality and affordability, lower the uninsured rate by expanding insurance coverage, and reduce the costs of healthcare overall. Along with sweeping change came sweeping criticisms and issues. This book explores the pros and cons of the Affordable Care Act, and explains who benefits from the ACA. Readers will learn how the economy is affected by the ACA, and the impact of the ACA rollout.




Draft Care and Support Bill


Book Description

This paper is published alongside the Government white paper "Caring for our future: reforming care and support" (Cm. 8378, ISBN 9780101837828). The draft Bill takes forward the recommendations of the Law Commission report on adult social care (Law Com. 326, HC 941, session 2010-12, ISBN 9780102971682) which concluded that existing care and support legislation was outdated and confusing, making it difficult for people who need care and support, and carers, to know what they are entitled to and for local authorities to understand their responsibilities. The Bill will: modernise and consolidate the law, clarify entitlements; support broader needs of local communities; simplify the care and support system and processes. Key provisions include: statutory principles which embed the promotion of individual well-being; clear legal entitlements; everyone, including carers, should have a personal budget as part of their care and support plan; duties to ensure care and support continues when a person moves to a different local authority area; a new statutory framework for adult safeguarding. Others sections cover the establishment of Health Education England and the Health Research Authority, and allow for the abolition (subject to consultation) of the Human Fertilisation and Embryology Authority and Human Tissue Authority.




Caring for our future


Book Description

Care and support affects a large number of people: eight out of 10 people aged 65 will need some care and support in their later years; some people have impairments from birth or develop them during their working life; some 5 million people care for a friend or relative, some for more than 50 hours a week. The current system does not offer enough support until a crisis point is reached, the quality of care is variable and inconsistent, and the growing and ageing population is only going to increase the pressure. Consequently, two core principles lie at the heart of this White Paper. The first is that individuals, communities and Government should do everything possible to prevent, postpone and minimise people's need for formal care and support. The system should be built around the promotion of people's independence and well-being. The second principle is that people should be in control of their own care and support, with personal budgets and direct payments, backed by clear, comparable information and advice that will allow individuals and their carers to make the choices that are right for them. This paper sets out the principles and approach, with sections covering: strengthening support within communities; housing; better information and advice; assessment, eligibility and portability for people who use care services; carers' support; defining high-quality care; improving quality; keeping people safe; a better local care market; workforce; personalised care and support; integration and joined-up care.




Stories of Care: A Labour of Law


Book Description

Stories of Care: A Labour of Law is an interdisciplinary study of the interactions of law and labour that shape paid care work. Based on the experiences of homecare workers, this highly topical text unpicks doctrinal assumptions about class and gender to interrogate contemporary labour law. It demonstrates how the UK’s crisis in social care is connected to the gendered inadequacy of labour law and argues for transformative change to law at work. ‘Utterly compelling. Perhaps the best ever example in modern labour law scholarship of research-led recommendations.’ – Keith Ewing, Professor of Public Law, King’s College London ‘An important contribution to socio-legal research on care work and labour law.’ – Judy Fudge, Professor of Labour Law, University of Kent ‘Innovative and meticulous; merits a very wide readership.’ – Lizzie Barmes, Professor of Labour Law, Queen Mary University of London ‘A really important text which shows, through deep analysis of care workers’ stories, how badly undervalued their work is... It offers an excellent analysis.’ – Robin Allen QC, Cloisters Chambers ‘A rare and valuable insight into the lives and views of women who work in the little known world of homecare for rates of pay and conditions that shame our society.’ – David Brindle, Public Services Editor, The Guardian ‘Boundary-breaking ... an outstanding contribution to the growing field of feminist labour law scholarship.’ – Joanne Conaghan, Professor of Law, University of Bristol




Draft Care and Support Bill


Book Description

The Government has not fully thought through the implications of its social care reforms and may leave local authorities open to a deluge of disputes and legal challenges. MPs and Peers warn that without greater integration with health and housing, and a focus on prevention and early intervention, the care and support system will be unsustainable. The Committee also calls for a nationwide campaign to educate people about the need to pay for their own care, saying that adult care and support are poorly understood. Key recommendations include: a new power to mandate joint budgets and commissioning across health, care and housing, such as support for the frail elderly, making it simpler for NHS and local Councils to pool budgets; fast-tracking of care and support assessments for terminally-ill people; new legal rights for young carers to protect them from inappropriate caring responsibilities and ensure they get the support they need; an obligation on the Secretary of State to take into account the draft Bill's well-being principle when designing and setting a national eligibility threshold; independent resolution of disputes over decisions about care and support - and costs that count towards the cap - through a Care and Support Tribunal. In addition, the Committee makes a number of recommendations to improve health research and the education and training of NHS workers. The Committee also warns that restricting support and care to those with the highest levels of need will simply shunt costs into acute NHS care and undermines interventions to prevent and postpone the need for formal care and support.




The Care Act 2014


Book Description

Exploring exactly how the provisions and principles of the Act are implemented in practice, The Care Act 2014 brings together the work of experts across the fields of social work, social policy and care, law, mental health, mental capacity and safeguarding. Case studies developed through the chapters will help you to understand how the Act relates to social work practice, alongside evidence from research, case law and service user and carer testimonies. Mapped closely to both the social work curriculum, and the post-qualifying standards, the book will support social work students in developing good practice through learning, and will further critical reflection of this crucial piece of legislation for practitioners pursuing their continuing professional development.




Informal Carers and Private Law


Book Description

Every day, large numbers of altruistic individuals, in the absence of any legal duty, provide substantial and essential services for elderly and disabled people. In doing so, many such informal carers suffer financial and other disadvantages. This book considers the scope for a "private law" approach to rewarding, supporting or compensating carers, an increasingly vital topic in the context of an ageing population and the need for savings in public expenditure. Adopting a comparative approach, the book explores the recognition of the informal carer and his or her relationship with the care recipient within diverse fields of private law, from unjust enrichment to succession. Aspects of the analysis include the importance of a promise of a reward from the care recipient and the appropriate measure of any remedy. In considering the potential for expansion of a "private law" approach for carers, the book addresses the fundamental and controversial question of the price of altruism. Winner of the University of Cambridge's Yorke Prize 2014




Inspiring a Medico-Legal Revolution


Book Description

This book marks the retirement of Professor Sheila McLean, whose contribution to the discipline of medical law has been truly ground breaking. As one of the pioneers of the discipline, Sheila McLean inspired a revolution in the ways in which lawyers, doctors, courts and patients perceive the relationship between medicine and the law. The first International Bar Association Professor of Law and Ethics in Medicine, she has worked tirelessly to champion the importance of law’s role in regulating medicine and protecting patients’ rights. The span in content of this book reflects the range of contributions that Professor McLean has herself made. Her work gave direction and shape to a new field of study at a time when few questioned the authority of medicine or thought much about the plight of the patient. This collection brings together 21 leading scholars in healthcare law and ethics to honour the depth and significance of her contribution. Including authors from the US, Australia, Canada and New Zealand, the contributions cover areas as diverse as start and end of life, reproductive rights and termination of pregnancy, autonomy of patients, the protection of vulnerable patient groups, and the challenges posed by new technologies.