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The draft Mental Incapacity Bill
- Author:
- SCHWEHR Belinda
- Journal article citation:
- Care and Health Magazine, 40, 16.7.03, 2003, pp.34-35.
- Publisher:
- Care and Health
The draft Mental Incapacity Bill aims to clarify the legality of decision-making for adults with less than full mental capacity. Provides a critical overview of the Bill, highlighting the Bills main features. Argues that the main beneficiaries of the Bill are not service users but carers, care homes and social care staff.
Social services law: judicial review, financial resources and legitimate expectations
- Author:
- SCHWEHR Belinda
- Journal article citation:
- 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.