John Williams - Adult Social Care Law in England

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Adult Social Care Law in England

Reshaping Social Work Series

Series Editors: Robert Adams, Lena Dominelli and Malcolm Payne

The Reshaping Social Work series aims to develop the knowledge base for critical, reflective practitioners. Each book is designed to support students on qualifying social work programmes and update practitioners on crucial issues in todays social work, strengthening research knowledge, critical analysis and skilled practice to shape social work to meet future challenges.

Published titles

Anti-Racist Practice in Social Work Kish Bhatti-Sinclair

Spirituality and Social Work Margaret Holloway and Bernard Moss

Social Work Research for Social Justice Beth Humphries

Social Work and Social Policy under Austerity Bill Jordan and Mark Drakeford

Social Care Practice in Context Malcolm Payne

Critical Issues in Social Work with Older People Mo Ray, Miriam Bernard and Judith Phillips

Social Work and Power Roger Smith

Doing Residential Social Work Colin Turbett

Adult Social Work Law in England John Williams, Gwyneth Roberts and Aled Griffiths

Forthcoming titles

Globally Minded Social Work Practice Janet Anand and Chaitali Das

Social Work Communication Andrew Beck and Roger Smith

Rejuvenating Family Support Karen Broadhurst

Cultural Diversity in Social Work Practice Helen Charnley

Social Work and Community Development Catherine Forde and Debby Lynch

Invitation to authors

The Series Editors welcome proposals for new books within the Reshaping Social Work series. Please contact one of the series editors for an initial discussion:

Robert Adams at rvadams@rvadams.karoo.co.uk

Lena Dominelli at lena.dominelli@durham.ac.uk

Malcolm Payne at macolmpayne5@gmail.com

Reshaping Social Work

Series Editors: Robert Adams, Lena Dominelli and Malcolm Payne

Series Standing Order ISBN 9781403948786

(outside North America only)

You can receive future titles in this series as they are published by placing a standing order. Please contact your bookseller or, in the case of difficulty, write to us at the address below with your name and address, the title of the series and the ISBN quoted above: Customer Services Department, Macmillan Distribution Ltd, Houndmills, Basingstoke, Hampshire, RG21 6XS, UK

Adult Social Care
Law in England

John Williams

Gwyneth Roberts

and

Aled Griffiths

John Williams, Gwyneth Roberts and Aled Griffiths 2014

All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission.

No portion of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, Saffron House, 610 Kirby Street, London EC1N 8TS.

Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages.

The authors have asserted their rights to be identified as the authors of this work in accordance with the Copyright, Designs and Patents Act 1988.

First published 2014 by

PALGRAVE MACMILLAN

Palgrave Macmillan in the UK is an imprint of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS.

Palgrave Macmillan in the US is a division of St Martins Press LLC, 175 Fifth Avenue, New York, NY 10010.

Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world.

Palgrave and Macmillan are registered trademarks in the United States, the United Kingdom, Europe and other countries

ISBN 9780230280106

This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. Logging, pulping and manufacturing processes are expected to conform to the environmental regulations of the country of origin.

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

A catalog record for this book is available from the Library of Congress.

Typeset by Cambrian Typesetters, Camberley, Surrey, England, UK

Printed in China

Contents

List of Tables and Figures

Tables

Figures

List of Case Examples and Boxes

Case examples

Boxes

List of Abbreviations

ADSS	Association of Directors of Social Services
AMHP	Approved Mental Health Professional
ASW	Approved social worker
CPA	care programme approach
CPS	Crown Prosecution Service
CQC	Care Quality Commission
CSSR	Council with Social Services Responsibilities
CTO	Community Treatment Order
DOLS	Deprivation of Liberty Safeguards
DSPD	dangerous severe personality disorders
ECHR	European Convention on Human Rights
HCPC	Health and Care Professions Council
ILF	Independent Living Fund
IMCA	Independent Mental Capacity Advocate
LPA	Lasting Power of Attorney
MHRT	Mental Health Review Tribunal
SAP	single assessment process
SCT	supervised community treatment
SOAD	second opinion appointed doctor

The Legal Toolbox

The hierarchy of the courts

The courts

What do courts do? Courts have two roles to perform:

1. To decide questions of fact. For example, in a criminal case involving alleged abuse of an adult at risk, the court will decide whether the evidence is sufficient to convict the accused person.

2. To decide questions of law. This is a tricky area. Most of the lower courts (e.g. the magistrates) simply apply the law as it exists. Their primary role is to apply the law to the facts of the case. However, the higher courts will also:

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