This guide discusses the main concepts of the Adult Support and Protection (Scotland) Act 2007 and looks at how they interact with each other and with other legislation in the field. The law is explained and applied in illustrative case studies. Written specially for social workers, it will also be necessary reading for solicitors, advocates and other professionals who work within the legislative guidelines.
This book explores the risks of adults with a mental disorder and how the relative Scottish legislative frameworks interrelate to provide them with support and protection. Seeking, primarily, to explore the practical application of duties and powers across the interface of these Acts, this work explores their links and relationships, their thresholds, where duties may have to be met across one or two of the Acts, or indeed the three Acts.
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.
Working to safeguard adults is a complex area of practice that requires careful balancing of autonomy, protection and risk. In order to make good, lawful judgements about when and how to intervene, practitioners therefore need to have a comprehensive understanding of how the law applies to safeguarding adults. In this text book best-selling author Alison Brammer brings together the many strands of adult safeguarding to provide a succinct guide to the legal framework. Designed to equip practitioners with the relevant knowledge for practice, it lays out the current legislation and guidance and applies it to different areas of adult safeguarding, including defining 'abuse', assessing capacity and dealing with cases of criminal law. The book goes on to analyse key examples of serious case reviews, including the cases of Steve Hoskin and Michael Gilbert. Whether taking a module on Social Work Law or Safeguarding, or a qualified Social Worker, this concise guide to a key aspect of practise is essential reading. How do you apply the principles, structures and processes of the law to everyday practice? Drawing on a wealth of contemporary case examples, this handy pocket book provides a clear text which brings the many complex strands of safeguarding adults together in a succinct and accessible way. - Students taking Social Work qualifying undergraduate and postgraduate degrees. - Qualifies Social Workers fulfilling their learning development requirements. - Undergraduate and postgraduate students of other disciplines looking to understand the influence of law within professional decision-making (e.g. students of Youth Work, Community Work and Health) New to this Edition: - Each chapter is updated and revised to ensure currency - Includes the Care Act 2014Contains links/signposts to further learning to help illustrate how law is applied in practice
This report on Adult Social Care recommends the most far-reaching reforms of adult social care law seen for over 60 years. Under the proposals, older people, disabled people, those with mental health problems and carers will, for the first time, be clear about their legal rights to care and support services. And local councils across England and Wales will have clear and concise rules to govern when they must provide services. Since the National Assistance Act 1948 adult social care law has been the subject of countless piecemeal reforms including new Acts of Parliament and a constant stream of regulations, circulars, directions, approvals and guidance. The proliferation of law has led to inefficiency in the system. Complex law also has the effect of stifling innovation, and make it difficult to promote flexibility and new policy approaches in practice. The report is divided into twelve Parts. Part 2 defines adult social care and Part 3 the structure of reform adopted. Parts 4 through to 8 set out core recommendations: Part 4 considers the role of statutory principles in providing an overall framework for decision making; Part 5 covers the role of community care assessments in determining a person's needs; Part 6 considers eligibility for services; Part 7 explores the equivalent assessment and eligibility processes for carers; and Part 8 considers the provision of services. Part 9 considers local authority adult protection functions. Finally, Parts 10 to 12 consider other issues, including ordinary residence and portability; areas where adult social care overlaps with other areas of law; and other outstanding issues.
Safeguarding adults is a rapidly evolving area of professional practice and this timely new text book provides an authoritative guide that critically engages with the recent developments and encapsulates some of the emerging approaches to contemporary adult safeguarding practice. Written by a collection of authors with a wealth of academic and practice experience, and with a strong focus on multi-disciplinary working, the text covers key topics such as: - Safeguarding adults who lack capacity, or whose level of capacity is unknown or unclear - Common issues and tensions surrounding the various UK laws and policies that seek to safeguard adults with mental health problems - Safeguarding older adults, with a unique and insightful focus on the perspective of carers -Current limitations in practice, including the blurred nature of the boundaries between informal and legally mandated care, relating to the safeguarding of people with learning disabilities. Illustrated throughout by engaging case studies to help readers apply what they have learnt to everyday practice, this comprehensive guide to safeguarding adults is essential reading for students across a broad range of health and social care disciplines, as well as practitioners looking for an up-to-date source of reference.
This book provides a detailed and comprehensive guide to working with risk. It begins by looking at notions of need, vulnerability and protection and looks at the theoretical concepts of each before applying them to practice. By using this combination of theory and practice the authors are able to integrate policy for a wide range of services users, from older people to children, families and younger adults. Case studies accompany and illustrate each method and the reader is invited to engage in a number of exercises and activities to consolidate learning.
Adult Protection and the Law in Scotland provides a guide to the general principles of legislation in relation to adult protection. This updated text includes a new chapter on financial harm and abuse covering topics such as commercial debt, mis-selling products, insurance and loans. This title includes coverage of the Self Directed Support (Scotland) Act 2013 and Protection of Vulnerable Groups (Scotland) Act 2007, Public Services Reform (Scotland) Act 2010 including creation of Healthcare Improvement Scotland (HIS) and Care Inspectorate and the principles of the Self Directed Support Act. This title also covers Court Measures of Protection with practical information on preparation for adult protection hearings, drafting applications, addressing sheriffs, use of temporary orders, warrants for arrest and remedies for breach of orders including a new section on contempt of court.
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.
This fully-revised Second Edition looks at how practitioners and students can achieve best-practice when working with vulnerable adults. The first part of the book explores the evolution of concepts and policies for safeguarding adults, with particular reference to the Human Rights Act 1998 and the Capacity Act 2005. In the second section the focus shifts to good practice in empowering vulnerable adults. The final section focuses on developing effective professional and inter-professional practice.
