Adult Social Care Law and Policy : Lessons from the Pandemic

• Autore: V. McHale Jean
• Pubblicazione: Bristol : , : Bristol University Press, , 2024; ©2025
• Edizione: 1st ed.
• Descrizione fisica: 1 online resource (365 pages)
• Disciplina: 344.41032
• Soggetto topico: LAW / Administrative Law & Regulatory Practice
• Altri autori: NoszlopyLaura
• Nota di contenuto: Front Cover -- Half Title -- Adult Social Care Law and Policy: Lessons from the Pandemic -- Copyright Page -- Table of Contents -- Series Editor's Preface The Law, Society, Policy series publishes high-​quality, socio-​legal research monographs and edited collections with the potential for policy impact. Cutting across the traditional divides of legal scholarship, Law, Soci -- Table of Cases -- Table of UK Statutes, Statutory Instruments, and Related Legislation -- Statutory instruments -- International legal instruments -- Acknowledgements -- Preface The aim of this book is to critically explore the impacts of the COVID-19 Pandemic on the delivery of adult social care law and policy in England. Drawing upon original empirical research undertaken in the West Midlands in England it exa -- 1 Adult Social Care in England in a Time of Turbulence -- I. Introduction: The pandemic and its impacts on adult social care in England -- II. Contextualising adult social care: definitions and delivery -- III. Research design -- IV. Conclusions and framework of the book -- 2 Foundational Paradigms in Adult Social Care Law and Policy -- I. Introduction -- II. A question of 'care' -- III. From paternalism to autonomy and empowerment through rights and capabilities -- While the integration of these theoretical approaches into policy and practice may be seen as part of a natural synergy, or at least well-​intentioned, 'care' is not always or necessarily mutual, reciprocal, or even desired. To return to England of the ea -- IV. Vulnerability -- V. Conclusions -- 3 Legal Regulation of Adult Social Care Provision in England -- I. Introduction -- II. The Care Act 2014 and local authority duties and powers in relation to adult social care -- (a) The well-​being principle -- (b) Assessment of an adult's needs for care and support. ; (c) Eligibility criteria -- (d) Duties and powers to meet needs for care and support -- (e) Financial assessment, paying for services, and personal budgets -- (f) Safeguarding -- (g) Supporting decision-​making: the role of the advocate -- (h) Oversight over the provision of the care market -- (i) Challenging the decisions of local authorities -- III. Relationship with NHS care and the role of NHS Continuing Healthcare and obligations under section 117 of the Mental Health Act 1983 -- (a) NHS Continuing Healthcare assessments -- (b) Provision of aftercare services under section 117 of the Mental Health Act 1983 -- IV. Oversight bodies for social care -- (a) Local authorities' obligations regarding the scrutiny of health and care services -- (b) The Care Quality Commission -- (c) The Local Government and Social Care Ombudsman -- V. Conclusions -- 4 Pandemic Preparedness Planning and the Development of Emergency Legislation -- I. Introduction -- II. The backdrop: public health and emergency powers -- III. Planning for a pandemic -- III. The COVID-19 pandemic, the Coronavirus Act 2020, and Care Act 'easements' -- (a) From Wuhan to the Coronavirus Act 2020 -- (b) Implementing Care Act easements: guidance and ethical framework -- (c) Relationship of adult social care and pandemic hospital discharge processes -- IV. Care Act easements: a controversial approach -- V. Conclusions -- 5 'Easing' the Care Act: Responding to COVID-19 in the West Midlands -- I. Introduction -- II. The formal operation of easements in the West Midlands 'cluster' -- (a) Birmingham City Council -- (b) Coventry City Council -- (c) Solihull Metropolitan Borough Council -- (d) Staffordshire County Council -- (e) Warwickshire County Council -- (f) Reflections on approaches taken by West Midlands local authorities which formally notified the DHSC that they were implementing easements. ; III. The approaches taken by West Midlands local authorities implementing Stage 2 'flexibilities' (which some describe as 'easements') -- (a) Herefordshire Council -- (b) Sandwell Metropolitan Borough Council -- (c) Telford & -- Wrekin Council -- (d) Walsall Council -- (e) Implementing and then not implementing Stage 2? Dudley Metropolitan Borough Council -- IV. West Midlands local authorities which stated that they did not operate easements -- (a) Shropshire Council -- (b) City of Wolverhampton Council -- (c) Worcestershire County Council -- (d) Stoke-​on-​Trent City Council -- Concluding thoughts on the approaches taken by local authorities -- V. Reflections from stakeholders in the West Midlands on the experience of the delivery of adult social care in 2020 -- VI. Conclusions -- 6 Pandemic Legacies: 'Living with COVID-19' in Adult Social Care -- I. Introduction -- II. Reflections on the implementation of Care Act easements across England and their aftermath -- III. Experiences of adult social care delivery from winter 2021 -- IV. Digitisation of adult social care and changes to day centre services -- (a) Digitisation of adult social care -- (b) Changes to day centre provision -- IV. Conclusions -- 7 Adult Social Care Law and Policy: Learning Lessons from the Pandemic -- I. Introduction -- II. What are the lessons for future pandemic preparedness planning in relation to adult social care? -- III. Lessons from the pandemic for the future of social care law and policy -- IV. Conclusions -- Bibliography -- Index.
• Sommario/riassunto: Available Open Access digitally under CC-BY-NC-ND licence. The pandemic exposed weaknesses in adult social care, putting people who draw on services in more precarious positions. This book explores the impact of emergency laws and operational changes, providing solutions for improving laws and regulations going forwards.
• Titolo autorizzato: Adult Social Care Law and Policy
• ISBN: 9781529229882; 152922988X
• Formato: Materiale a stampa
• Livello bibliografico: Monografia
• Lingua di pubblicazione: Inglese
• Record Nr.: 996647837703316
• Lo trovi qui: Univ. di Salerno
• Serie: Law, Society, Policy Series