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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Adult Social Care Law

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ISBN13: 9781908407788
Published: October 2016
Publisher: Legal Action Group
Country of Publication: UK
Format: Paperback
Price: £65.00

In stock.

This comprehensive new book guides all those advising people needing care and support through the constantly moving and overlapping web of legislation, guidance and case-law that makes up the complex field of adult social care law.

In recent years, due to 'financial austerity', social and health care bodies have increasingly made decisions involving increases in charges or reduction in services that have been subject to challenge. Adult Social Care Law brings together all the significant domestic and European cases that form the basis of adult social care law and many other cases in overlapping areas such as the NHS, mental health and support for asylum-seekers and persons from abroad.

The author, having appeared in many leading cases in the High Court, Court of Appeal, the Supreme Court, the Court of Justice of the European Union and the European Court of Human Rights, is ideally placed to provide expert commentary and analysis of the judgments and explain the relevance of older cases within the framework of the Care Act 2014 and associated statutory guidance.

Each chapter begins with an overview of the legal framework of legislation and guidance to provide context to the cases that are digested chronologically within themes. Over 500 case summaries are presented with a succinct headnote, a clear outline of facts and a summary of the judgment - often with extensive citations - to aid the busy practitioner to quickly and efficiently identify the most relevant cases as well as save valuable research time with extensive signposting to the most important resources.

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Care Standards
Table of cases
Table of statutes
Table of statutory instruments
Table of treaties and conventions

1. Introduction: the main statutory provisions in outline
2. Strategy, policy and challenges
3. Consultation
4. Guidance
5. The public sector equality duty
6. Discrimination

7. An overview of the Care Act 2014 and the Social Services and Wellbeing (Wales) Act 2014
8. Community care assessments
9. Service provision decisions
10. Re-assessments, reviews and terminations of individual services
11. Financial matters
12. Ordinary residence and local authority responsibility

13. Local authorities and tortfeasors
14. Local authorities and private providers
15. Status of care home and home care providers
16. Care home and other service closures

17. Local authority general powers
18. National Health Service provision
19. Mental health
20. Housing and community care
21. Asylum-seekers and other overseas nationals
22. Learning disability and autism
23. Mental capacity
24. Safeguarding
25. Human rights
26. Private law remedies
27. Judicial review
28. Ombudsman
29. Regulation of adult social and health care