Search Results for safeguarding-vulnerable-adults-and-the-law

2.1 ADULT PROTECTION AND SAFEGUARDING ADULTS: LEGAL DEFINITION Adult protection, or safeguarding adults, has only relatively recently been identified as a concern and area of work in its own right. Its boundaries are unclear; ...

Author: Michael Mandelstam

Publisher: Jessica Kingsley Publishers

ISBN: 1846428807

Category: Law

Page: 320

View: 164

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The protection of vulnerable adults is a fast emerging area of work for local authorities, the NHS and other agencies. Safeguarding Vulnerable Adults and the Law, sets this within a comprehensive legal framework. The relevant law and guidance is extensive. It includes Department of Health guidance (No Secrets), human rights, the regulation of health and social care providers, the barring of carers from working with vulnerable adults, care standards tribunal cases, mental capacity, undue influence, assault, battery, wilful neglect, ill treatment, manslaughter, murder, theft, fraud, sexual offences, data protection and the sharing of information. The book focuses on how these areas of law apply to vulnerable adults, and brings together an extensive body of case law to illustrate this. Also covered is how local authorities and the NHS may themselves be implicated in the harm - through abuse, neglect or omission - suffered by vulnerable adults. For example, in terms of the gross lapses in standards of care, infection control, nutrition and basic dignity sometimes to be found in hospitals. All those working in community care, adult social work, health care and housing will find this book invaluable. Local authorities, the NHS, voluntary organisations and students will find this to be essential reading.
2008-11-15 By Michael Mandelstam

This book focuses on vulnerable adults harmed by abuse, neglect or omission.

Author: Michael Mandelstam

Publisher: Jessica Kingsley Pub

ISBN: 1843106922

Category: Law

Page: 320

View: 649

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The book focuses on how many areas of law apply to vulnerable adults, bringing together an extensive body of case law to illustrate this. Also covered is how local authorities and the NHS may themselves be implicated in the harm suffered. For example, in terms of gross lapses in standards of care and basic dignity sometimes found in hospitals.

The Coalition government decided to abandon the monitoring list before it had even begun, as a disproportionate and excessive way of trying to protect vulnerable adults and children. The 2006 Act applies to England and Wales and, ...

Author: Michael Mandelstam

Publisher: Jessica Kingsley Publishers

ISBN: 9780857006264

Category: Social Science

Page: 664

View: 448

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The safeguarding of vulnerable adults continues to increase in importance. Safeguarding Adults and the Law, now in its second edition, sets this complex area of work within an extensive legal framework and provides many useful pointers for practitioners and students. The book covers, for example, Department of Health guidelines, human rights, the regulation of health and social care providers, the barring of carers from working with vulnerable adults, care standards tribunal cases, mental capacity, undue influence, assault, battery, wilful neglect, ill treatment, self-neglect, manslaughter, murder, theft, fraud, sexual offences, data protection and the sharing of information. It focuses on how these areas of law apply to vulnerable adults, and uses the large body of case law to bring the law to life. Also covered is how local authorities and the NHS are implicated in causing harm - through abuse, neglect or omission - as exemplified by the independent and public inquiries into the catastrophic events at Stafford Hospital. This fully-updated second edition comprehensively reflects recent changes to the law, and includes many new case studies. It looks forward also to the implications, for safeguarding, of the draft Care and Support Bill 2012. This book will be an essential resource for all those working in community care, adult social work, health care and housing. Those working for local authorities, the NHS, voluntary organisations and students will find it to be essential reading.
2013-03-28 By Michael Mandelstam

The Care Act 2014 seeks to integrate the approach to adult safeguarding through the creation of Safeguarding Adults Boards (SAB). These boards existed informally before the legislation115 but the Act puts them on a statutory footing and ...

Author: Jonathan Herring

Publisher: Oxford University Press

ISBN: 9780191057106

Category: Law

Page: 240

View: 180

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We are used to thinking that most people have the capacity to make their own decisions; that they should be free to decide how to live their lives; and that it is a good thing to be self-sufficient. However, in an examination of the legal position of vulnerable adults, understood as those who have capacity under the Mental Capacity Act 2005 but are deemed impaired through vulnerability in their exercise of decision making powers, Jonathan Herring challenges that assumption. Drawing on feminist and disability perspectives he argues that we are all in fact, 'vulnerable' and we need to replace the competent, able-bodied, independent person as the norm which the law is based on and instead fashion which recognises our interdependence and mutuality. At the heart of the law is a distinction between those who have capacity and those who do not. Those who have capacity are given the full rights of the law; they are entitled to enter contracts, dispose of their property, are able to marry. Those who are deemed to lack capacity are unable to make these decisions. Their decisions are made on their behalf based on an assessment of what is in their best interests. This approach is underpinned by the principle of autonomy, and is problematic for those who are deemed 'vulnerable'. The Court of Protection and the Court of Appeal have developed a jurisdiction to deal with cases involving vulnerable adults which has been used in a wide range of cases from those involving people with early stage dementia to cases of forced marriage. This development of law has proved controversial and the courts have struggled to draw its limits and explain the justification for it. Jonathan Herring welcomes the courts willingness to protect vulnerable adults through the inherent jurisdiction, but argues that we need to go much further. It is not just particular groups such as 'the elderly' or 'the disabled' who are vulnerable, but rather vulnerability is part of the human condition. This means that caring relationships are of central significance to our society and should be at the heart of the legal system.
2016-01-22 By Jonathan Herring

This book will be an invaluable resource for all those working in community care, adult social work, health care and housing.

Author: Michael Mandelstam

Publisher: Jessica Kingsley Publishers

ISBN: 9781849053006

Category: Social Science

Page: 671

View: 662

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The protection of vulnerable adults is an increasingly important issue right across health and social care. Safeguarding Vulnerable Adults and the Law, now in its second edition, sets this complex area of work within a comprehensive legal framework and provides extensive guidance for practitioners and students. The book covers Department of Health guidelines, human rights, the regulation of health and social care providers, the barring of carers from working with vulnerable adults, care standards tribunal cases, mental capacity, undue influence, assault, battery, willful neglect, ill treatment, manslaughter, murder, theft, fraud, sexual offences, data protection and the sharing of information. It focuses on how these areas of law apply to vulnerable adults, and brings together an extensive body of case law to illustrate this. Also covered is how local authorities and the NHS may themselves be implicated in the harm - through abuse, neglect or omission - suffered by vulnerable adults. This fully-updated second edition comprehensively reflects recent changes to the law, and includes many new case studies. This book will be an invaluable resource for all those working in community care, adult social work, health care and housing. Those working for local authorities, the NHS, voluntary organizations and students will find it to be essential reading.

Through an examination of current case law, this book provides the first sustained treatment of vulnerable adults, discussing the legal position of those whose ability to make decisions for themselves is impaired.

Author: Jonathan Herring

Publisher: Oxford University Press

ISBN: 9780198737278

Category: Law

Page: 270

View: 576

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Through an examination of current case law, this book provides the first sustained treatment of vulnerable adults, discussing the legal position of those whose ability to make decisions for themselves is impaired.

a result the POVA scheme has significantly enhanced the level of protection for vulnerable adults. · The Safeguarding Vulnerable Groups Act 2006 is a major element of a wide-ranging and ambitious programme of work established across ...

Author: Jacki Pritchard

Publisher: Jessica Kingsley Publishers

ISBN: 1846428580

Category: Social Science

Page: 256

View: 356

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Good Practice in the Law and Safeguarding Adults provides an up-to-date summary of developments in the legislative framework and best practice relevant to the area of adult protection work. It explains legislation that can be used in adult protection work, covering criminal and civil law, and crucial national guidance such as Achieving Best Evidence. Issues covered include confidentiality and information-sharing in adult protection work, capacity issues, police investigations, financial abuse, advocacy, witness support and honour-based violence. The book is illustrated throughout with case studies and good practice points. This book will be essential reading for anyone working with vulnerable adults, including health and social care workers, care managers, support workers, volunteers, advocates, police, probation staff, prison staff, lawyers training officers and students.
2008-10-15 By Jacki Pritchard

This book will be an essential resource for all those working in social care, health care and the police, as well as the many other agencies involved in safeguarding.

Author: Michael Mandelstam

Publisher: Jessica Kingsley Publishers

ISBN: 9781784504991

Category: Social Science

Page: 632

View: 151

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Safeguarding Adults and the Law, now in its third edition, sets this complex area of work within an extensive legal framework and provides many useful pointers for practitioners and students. It is now in an A-Z format, enabling quick reference to a wide range of civil and criminal law, and to legal case law. The book covers safeguarding duties under the Care Act 2014 and in particular the making of enquiries by local authorities, safeguarding adults boards, Department of Health guidance, human rights, regulation of health and social care providers, barring of carers from working with vulnerable adults, criminal records certificates, mental capacity, the High Court's inherent jurisdiction, undue influence, assault, battery, wilful neglect, ill treatment, self-neglect, manslaughter, murder, theft, fraud, sexual offences, modern slavery, domestic violence legislation, data protection and the sharing of information. The book focuses on how these areas of law, each with its own set of rules, apply to the practice of safeguarding adults. It contains numerous legal case summaries to bring the law to life. Fully updated, it reflects significant changes to civil and criminal law over the last five years. A critical introduction analyses serious challenges and issues inherent in the current culture of health and social care, and the implications for adult safeguarding. This book will be an essential resource for all those working in social care, health care and the police, as well as the many other agencies involved in safeguarding.
2019-02-21 By Michael Mandelstam

This is expanded upon in a companion volume to this book,Safeguarding vulnerable adults and the law. 21.1 DEPARTMENT OF HEALTH GUIDANCE: NO SECRETS In 2000, the Department of Health published policy guidance under s.7 of the Local ...

Author: Michael Mandelstam

Publisher: Jessica Kingsley Publishers

ISBN: 1846428599

Category: Social Science

Page: 640

View: 180

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This fourth edition of Community Care Practice and the Law has been fully updated to reflect the rapid and continuing legal, policy and practice changes affecting community care. It provides comprehensive and jargon-free explanations of community care legislation, as well as other areas of law directly relevant to practitioners, including the NHS, disabled facilities grants and housing adaptations, asylum and immigration, mental capacity, human rights, disability discrimination, health and safety at work and negligence – and a range of legal provisions relevant to the protection and safeguarding of adults. Apart from the burgeoning legal case law and ombudsman investigations, changes from the last edition include coverage of the Mental Capacity Act 2005, legal implications of 'self directed care' and 'individual budgets', changes to direct payments and 'ordinary residence' determinations. In particular, new guidance applies to the high profile issue of NHS continuing health care. The book is an essential guide for practitioners and managers in both the statutory and voluntary sectors, policy makers in local authorities and the NHS, advocates, lawyers and social work students.
2008-10-15 By Michael Mandelstam

manage their own affairs, principally the Mental Capacity Act 2005; what can happen when people need protection or ... Safeguarding. vulnerable. adults. Activity. 6.1. Consider the following questions: In what ways might adults need ...

Author: Robert Johns

Publisher: Learning Matters

ISBN: 9781529717396

Category: Social Science

Page: 248

View: 854

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A core function of social work is to assist, empower, and protect the most vulnerable in society. Social workers make difficult decisions in complex and challenging situations every day. They work in organizations that have clear statutory duties. Therefore, it is essential that social work students know what their responsibilities are. Familiarity with law, legislation, and legal processes is consequently fundamental to sound social work practice. This best-selling book helps social work students gain this foothold in understanding law as it applies to social work practice. It avoids complicated legal jargon remote from the everyday realities of practice, offering instead a grounding in legally-appropriate, rights-based social work. It covers the full range of social work law, including services for children and families and child protection, adult care law, youth justice, court work, professional regulation, and human rights.
2020-03-30 By Robert Johns