Autore	V. McHale Jean
Edizione	[1st ed.]
Pubbl/distr/stampa	Bristol : , : Bristol University Press, , 2024
Descrizione fisica	1 online resource (365 pages)
Disciplina	344.41032
Altri autori (Persone)	NoszlopyLaura
Collana	Law, Society, Policy Series
Soggetto topico	LAW / Administrative Law & Regulatory Practice
ISBN	9781529229882 152922988X
Formato	Materiale a stampa
Livello bibliografico	Monografia
Lingua di pubblicazione	eng
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.
Record Nr.	UNINA-9910947829503321