Journal of Integrated Care, 21(3), 2013, pp.64-170).
Publisher:
Emerald
Purpose - This article identifies the different approaches to integrated care taken by separate proposed care services legislation for England and Wales with a view to informing debate on the legislation.
Design/methodology/approach - Comparative analysis of the proposed legislation.
Findings - While there is much common ground between the two pieces of legislation, in other respects the approach taken to integrated care legislation differs across England and Wales.
Originality/value - This is the first published analysis of the different approaches to integrated care legislation reform proposed for England and Wales.
(Publisher abstract)
Purpose - This article identifies the different approaches to integrated care taken by separate proposed care services legislation for England and Wales with a view to informing debate on the legislation.
Design/methodology/approach - Comparative analysis of the proposed legislation.
Findings - While there is much common ground between the two pieces of legislation, in other respects the approach taken to integrated care legislation differs across England and Wales.
Originality/value - This is the first published analysis of the different approaches to integrated care legislation reform proposed for England and Wales.
(Publisher abstract)
Subject terms:
law, integrated services, social care, health care;
Journal of Integrated Care, 20(1), 2012, pp.35-38.
Publisher:
Emerald
A council has an ongoing relationship with the recipient of direct payments, a relationship which has both supportive and supervisory elements. It is supportive because many recipients need assistance to make a direct payments-purchased package of care service work. And it is supervisory because the council retains a responsibility to the public purse to ensure that direct payments are not misused. The High Court’s recent decision in R (G & H) v. North Somerset Council involved a case in which the balance altered very rapidly in favour of supervision. According to the claimants, it was too rapid and the council concerned acted unlawfully. This paper assesses the practical implications of the High Court ruling about the legality of the council’s response to concerns that direct payments were being misused. The author concluded that the High Court upheld a council’s unilateral response to its genuine concerns about misuse of direct payments but this was an extreme case. Normally, a far more inclusive approach to direct payments decision making is required.
A council has an ongoing relationship with the recipient of direct payments, a relationship which has both supportive and supervisory elements. It is supportive because many recipients need assistance to make a direct payments-purchased package of care service work. And it is supervisory because the council retains a responsibility to the public purse to ensure that direct payments are not misused. The High Court’s recent decision in R (G & H) v. North Somerset Council involved a case in which the balance altered very rapidly in favour of supervision. According to the claimants, it was too rapid and the council concerned acted unlawfully. This paper assesses the practical implications of the High Court ruling about the legality of the council’s response to concerns that direct payments were being misused. The author concluded that the High Court upheld a council’s unilateral response to its genuine concerns about misuse of direct payments but this was an extreme case. Normally, a far more inclusive approach to direct payments decision making is required.
Subject terms:
law, legal proceedings, local authorities, direct payments, disabilities;
Journal of Integrated Care, 20(6), 2012, pp.367-370.
Publisher:
Emerald
The purpose of this paper is to consider the implications for integrated care of a recent Court of Appeal judgement about legal obligations owed to staff working in integrated care by non-employing integrated care providers. It describes a case of violent assault which gave rise to a claim for compensation by a social worker, and discusses the concept of a "duty of care", and the findings in the court of first instance and the Court of Appeal. The author reports that integrated care partners may find themselves with more extensive legal obligations towards the employees of partner organisations than had been anticipated.
The purpose of this paper is to consider the implications for integrated care of a recent Court of Appeal judgement about legal obligations owed to staff working in integrated care by non-employing integrated care providers. It describes a case of violent assault which gave rise to a claim for compensation by a social worker, and discusses the concept of a "duty of care", and the findings in the court of first instance and the Court of Appeal. The author reports that integrated care partners may find themselves with more extensive legal obligations towards the employees of partner organisations than had been anticipated.
Subject terms:
integrated services, joint working, law, staff, duty of care, employment;
Journal of Integrated Care, 19(4), 2011, pp.27-29.
Publisher:
Emerald
...asserted the "pressing need" test for determining whether disclosure of sensitive personal information is lawful. It comments that migration of care home residents to supported housing placements in the community can lead to poor practice in integrated care examples, and reports that the Court of Appeal decided that there is no legal duty requiring a social services authority to consult another
The review of reported Court of Appeal decisions looks at legal developments in 2 areas: disclosure of sensitive personal information, and transfers of care from institutions to community supported housing and local authority financial responsibility. It notes that integrated working inevitably involves information flows across and between organisations, and reports that the Court of Appeal asserted the "pressing need" test for determining whether disclosure of sensitive personal information is lawful. It comments that migration of care home residents to supported housing placements in the community can lead to poor practice in integrated care examples, and reports that the Court of Appeal decided that there is no legal duty requiring a social services authority to consult another such authority when carrying out community care assessment.
Subject terms:
information management, law, legal proceedings, local authorities, social care provision, supported housing;
Journal of Integrated Care, 19(6), 2011, pp.33-36.
Publisher:
Emerald
...and how it works, and lists which functions may be contracted out to independent adult social work practices. It also notes that the need for new law illustrates the general limitations faced by authorities that wish to contract out their adult social care decision-making functions.
The Contracting Out (Local Authorities Social Services Functions) (England) Order 2011 provides legal authority for the exercise of local authority adult social care services functions by independent adult social work practices. This paper, written by a solicitor, is an analysis of the order. It discusses legal obstacles in third-party involvement in adult social care, the purpose of the order, and how it works, and lists which functions may be contracted out to independent adult social work practices. It also notes that the need for new law illustrates the general limitations faced by authorities that wish to contract out their adult social care decision-making functions.
Subject terms:
law, local authorities, private sector, social care provision, adult social care, contract procedures;
This article discusses two specific cases and discusses the ruling.The first looks at the conflict that exists where a local authority issues an ASBO against a child in its care. The second reports on a decision of the European Court of Human Rights which looked at the general obligation of state authorities under the European Convention of Human Rights to tackle anti-social or nuisance behaviour.
This article discusses two specific cases and discusses the ruling.The first looks at the conflict that exists where a local authority issues an ASBO against a child in its care. The second reports on a decision of the European Court of Human Rights which looked at the general obligation of state authorities under the European Convention of Human Rights to tackle anti-social or nuisance behaviour.
Subject terms:
law, local authorities, looked after children, anti-social behaviour, anti-social behaviour orders, care orders;