Luke Clements - Community Care and the Law

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Luke Clements is Cerebra Professor of Law and Social Justice at Leeds University and a consultant solicitor with Scott-Moncrieff & Associates LLP.

Luke Clements can be contacted by e-mail at L.J.Clements@leeds.ac.uk

Available as an ebook at www.lag.org.uk/bookshop/ebooks

The purpose of Legal Action Group is to promote equal access to justice for all members of society who are socially, economically or otherwise disadvantaged. To this end, it seeks to improve law and practice, the administration of justice and legal services.

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This edition published in Great Britain 2019

by LAG Education and Service Trust Limited

National Pro Bono Centre, 48 Chancery Lane, London WC2A 1JF

First edition 1996

Reprinted with revisions 1997

Second edition 2000

Third edition 2004

Fourth edition 2007

Fifth edition 2011

Sixth edition 2017

Luke Clements 2019

While every effort has been made to ensure that the details in this text are correct, readers must be aware that the law changes and that the accuracy of the material cannot be guaranteed and the author and the publisher accept no responsibility for any losses or damage sustained.

The right of the author to be identified as the author of this work has been asserted by him in accordance with the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, without permission from the publisher.

British Library Cataloguing in Publication Data

A CIP catalogue record for this book is available from the British Library.

Crown Copyright material is produced with the permission of the Controller of HMSO and the Queens Printer for Scotland.

This book has been produced using Forest Stewardship Council (FSC) certified paper. The wood used to produce FSC certified products with a Mixed Sources label comes from FSC certified well-managed forests, controlled sources and/or recycled material.

Print ISBN 978 1 912273 22 5

ebook ISBN 978 1 912273 23 2

bundle (print and ebook) ISBN 978 1 912273 38 6

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Printed by Hobbs the Printer, Totton, Hampshire

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Subscriber: Esther Pilger; Date: Thursday, January 28, 2021 16:23

This seventh edition takes stock of the many social care legal changes that have taken place since the enactment of the Care Act 2014. As with the previous edition, it does not cover the law in Wales or the rights of disabled children. Devolution has created a distinct social care jurisdiction in each of the UKs nations. For this book to cover the Social Services and Well-being (Wales) Act 2014 it would have had to be twice the length. The law detailing the social care rights of disabled children is now so detailed that its analysis warrants a separate text. Happily the Legal Action Group has published a sister volume that covers this in exemplary detail: Disabled Children: a legal handbook (2019, 3rd edition) by Steve Broach and myself.

For reasons of space this edition does not consider in detail macro social services planning functions. These include such things as: the preparation of strategic plans; the operation of Health and Wellbeing Boards; the health/social care integration obligations (including the local operation of the Better Care Fund); and the duty to promote the diversity/quality of care provision and to manage provider failure.

We have tried to keep to a minimum the use of abbreviations, but have had to shorten references to the commonly used statutes. In addition:

the key policy guidance, The Care and Support Statutory Guidance (to the Care Act 2014) has been shortened to the Statutory Guidance (see para 1.41);

the local government and social care ombudsman is referred to throughout as the ombudsman (unless the context otherwise makes clear) or to the LGO;

the Department of Health and Social Care has been shortened to the Department of Health

In writing this book very special thanks are due to the key contributors: Karen Ashton, Simon Garlick, Carolyn Goodall, Edward Mitchell and Alison Pickup who have taken the lead on revising key chapters and without whose input this edition would not have been possible. Special thanks are also due to the publisher Esther Pilger for getting this edition into print.

In putting together this edition I have received enormous assistance from very many kind and wise people, including my colleagues at the School of Law, Leeds University and the national childrens charity Cerebra. In addition specific thanks are due to: John Bangs, Richard Bartholomew, Steve Brett, Steve Broach, Jamie Burton, Janice Clark, Beverley Clough, Julie Doughty, Morag Duff, Rupert Earl, Tracy Elliot, Dave Everatt, Phil Fennell, Michael Henson-Webb, Carys Hughes, Anna Lawson, Oliver Lewis, Michael Mandelstam, Clive Martin, Kirsty McGowan, Tim McSharry, Paul Morgan, John Payne, Brian OShea, Camilla Parker, Sam Peters, Janet Read, Frank and Sue Redmond, Lucy Series, Alison Tarrant, Derek Tilley, Karen Webb and Mitchell Woolf.

I have almost certainly omitted from this list many who have also assisted me and to them I apologise.

What is wrong in this text is entirely of my own doing and I would welcome any critical feedback.

Luke Clements

June 2019

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