University of Bristol. School of Applied Social Studies
Publication year:
1990
Pagination:
73p., diags., bibliog.
Place of publication:
Bristol
Defines mental handicap and examines attitudes towards sexuality and sexual expression, and looks at the legal position. Presents ideas for improving practice and determining policy in SSDs.
Defines mental handicap and examines attitudes towards sexuality and sexual expression, and looks at the legal position. Presents ideas for improving practice and determining policy in SSDs.
Subject terms:
law, learning disabilities, policy, sexuality, social services;
People with learning difficulties who become involved in the justice system are dogged from the outset by outdated procedures and unfair value judgements about their abilities. The author explains how the draft Mental Incapacity Bill could change things for the better.
People with learning difficulties who become involved in the justice system are dogged from the outset by outdated procedures and unfair value judgements about their abilities. The author explains how the draft Mental Incapacity Bill could change things for the better.
The courts have ruled that local and health authorities have a duty to provide after care services for people detained under certain sections of the Mental Health Act and that it is illegal to charge for such services. The ruling followed a court case involving four service users and four different local authorities. Discusses the implications of this ruling for people with learning difficulties.
The courts have ruled that local and health authorities have a duty to provide after care services for people detained under certain sections of the Mental Health Act and that it is illegal to charge for such services. The ruling followed a court case involving four service users and four different local authorities. Discusses the implications of this ruling for people with learning difficulties.
Subject terms:
law, learning disabilities, local authorities, mental health problems, hospital discharge, social services, social care provision, charges, community care, health authorities;
Tizard Learning Disability Review, 2(3), July 1997, pp.23-30.
Publisher:
Emerald
In the context of a recent judicial review case, the Court of Appeal has delivered, on the one hand, a powerful weapon for people with disabilities who need social services, but, on the other, managerial implications which are bound to be keeping budget holders awake at night. The final outcome of the case - due for hearing before the Lords at some point in the next year - may well have wider implications for changes to social services legislation generally. Considers the significance of this case for local authorities, practitioners and users of community care services. Goes on to look at the interplay between the concept of statutory discretion and the emergent legal doctrine of substantive legitimate expectation, and its significance for social service attitudes and practice is articulated.
In the context of a recent judicial review case, the Court of Appeal has delivered, on the one hand, a powerful weapon for people with disabilities who need social services, but, on the other, managerial implications which are bound to be keeping budget holders awake at night. The final outcome of the case - due for hearing before the Lords at some point in the next year - may well have wider implications for changes to social services legislation generally. Considers the significance of this case for local authorities, practitioners and users of community care services. Goes on to look at the interplay between the concept of statutory discretion and the emergent legal doctrine of substantive legitimate expectation, and its significance for social service attitudes and practice is articulated.
Subject terms:
law, law courts, learning disabilities, rights, social services, social care provision, assessment, benefits, community care, financing;
Purpose – The purpose of this paper is to explore the way that practitioners apply the 2005 Mental Capacity Act (MCA) in complex cases involving people with learning disabilities who cannot make some key decisions by themselves. Like many qualitative studies it began with a felt sense that practitioners were struggling to apply the clear framework set out in the Act to real life situations, and that some of the decisions they were faced with did not fit neatly into the linear, cognitive model of decision making set out in the MCA and its accompanying guidance.
Design/methodology/approach – The study was conducted under the aegis of the Office of the Public Guardian (OPG) during 2010-2011. A number of “complex” cases were obtained from Social Services, Primary Care Trusts and other organisations and subjected to thematic analysis. The current paper focuses on the 16 cases that involved people with learning disabilities.
Findings – A number of issues were identified that underlay the complexity of the cases examined. The cases drew attention, in particular, to the way in which practitioners were confronted with mounting concerns as opposed to single, discrete decisions, with the risk that decisions could be delayed until positive choices were much less available.
Originality/value – The aim of the study was to support the use of the Act in these situations and to give practitioners confidence in applying its principles across a wide range of diverse circumstances. Although the original study specifically related to the English legislation, the factors that led people to consider a case “complex” would apply equally in other jurisdictions. The study also shed light on difficulties that arise when intervening in less formal ways.
(Publisher abstract)
Purpose – The purpose of this paper is to explore the way that practitioners apply the 2005 Mental Capacity Act (MCA) in complex cases involving people with learning disabilities who cannot make some key decisions by themselves. Like many qualitative studies it began with a felt sense that practitioners were struggling to apply the clear framework set out in the Act to real life situations, and that some of the decisions they were faced with did not fit neatly into the linear, cognitive model of decision making set out in the MCA and its accompanying guidance.
Design/methodology/approach – The study was conducted under the aegis of the Office of the Public Guardian (OPG) during 2010-2011. A number of “complex” cases were obtained from Social Services, Primary Care Trusts and other organisations and subjected to thematic analysis. The current paper focuses on the 16 cases that involved people with learning disabilities.
Findings – A number of issues were identified that underlay the complexity of the cases examined. The cases drew attention, in particular, to the way in which practitioners were confronted with mounting concerns as opposed to single, discrete decisions, with the risk that decisions could be delayed until positive choices were much less available.
Originality/value – The aim of the study was to support the use of the Act in these situations and to give practitioners confidence in applying its principles across a wide range of diverse circumstances. Although the original study specifically related to the English legislation, the factors that led people to consider a case “complex” would apply equally in other jurisdictions. The study also shed light on difficulties that arise when intervening in less formal ways.
(Publisher abstract)
Subject terms:
mental capacity, law, learning disabilities, decision making, professionals, professional role, primary care trusts, social services, long term care, adults, Mental Capacity Act 2005;
Purpose – The purpose of this paper is to comment on Brown and Marchant's analysis of the complexity that can arise when applying the Mental Capacity Act 2005 (MCA) to the care and support provided to people with learning disabilities.
Design/methodology/approach – A theoretical approach to explore the implications of Brown and Marchant's paper for the relationship between the law and practice in this area.
Findings – The complexity accounted for by Brown and Marchant lies in the tension between the procedural requirements of the MCA and the practical realities of the support provided to individuals with complex and long-term needs. This tension cannot be addressed simply by focusing on improving training or better implementing the law in practice.
Originality/value – It is important to further examine and explore the relationship between new legal principles to govern decision making and the complex ways in which people with learning disabilities and other individuals need to be supported in practical situations.
(Publisher abstract)
Purpose – The purpose of this paper is to comment on Brown and Marchant's analysis of the complexity that can arise when applying the Mental Capacity Act 2005 (MCA) to the care and support provided to people with learning disabilities.
Design/methodology/approach – A theoretical approach to explore the implications of Brown and Marchant's paper for the relationship between the law and practice in this area.
Findings – The complexity accounted for by Brown and Marchant lies in the tension between the procedural requirements of the MCA and the practical realities of the support provided to individuals with complex and long-term needs. This tension cannot be addressed simply by focusing on improving training or better implementing the law in practice.
Originality/value – It is important to further examine and explore the relationship between new legal principles to govern decision making and the complex ways in which people with learning disabilities and other individuals need to be supported in practical situations.
(Publisher abstract)
Subject terms:
mental capacity, professionals, professional role, learning disabilities, law, decision making, social services, primary care trusts, long term care, adults, Mental Capacity Act 2005;
Wales. The National Assembly for Wales. Social Services Inspectorate for Wales
Publication year:
2000
Pagination:
101p.
Provides guidance as to how adult protection arrangements are proposed to be implemented in Wales. Sets out government policy and the framework for a comprehensive strategy in Wales Lays down standards for interagency working and an effective service culture. Describes appropriate procedures for handling cases, information sharing, monitoring and prevention. Explains the legal context of adult abuse. Includes appendices given sample written policies on abuse and possible indicators of abuse.
Provides guidance as to how adult protection arrangements are proposed to be implemented in Wales. Sets out government policy and the framework for a comprehensive strategy in Wales Lays down standards for interagency working and an effective service culture. Describes appropriate procedures for handling cases, information sharing, monitoring and prevention. Explains the legal context of adult abuse. Includes appendices given sample written policies on abuse and possible indicators of abuse.
Subject terms:
interagency cooperation, law, learning disabilities, policy, prevention, sexual abuse, sexual offences, social services, standards, violence, vulnerable adults, adult abuse, safeguarding adults, central government, financial abuse;
An introduction to HIV_AIDS for social workers, and guidelines for counselling those affected. Includes the Kensington and Chelsea SSD guidelines for care of people with AIDS.
An introduction to HIV_AIDS for social workers, and guidelines for counselling those affected. Includes the Kensington and Chelsea SSD guidelines for care of people with AIDS.
Subject terms:
HIV AIDS, home care, law, learning disabilities, literature reviews, local authorities, occupational therapy, offenders, partners, pre-school children, prevention, residential care, social services, single parent families, social work methods, social workers, staff, terminal illness, training, visual impairment, voluntary organisations, women, young people, adoption, alcohol misuse, babies, child abuse, children, confidentiality, counselling, day services, deafness, death, drug misuse, discrimination, education, families, employment, ethics, foster care;