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  • Community Care Law and Local Authority Handbook
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Community Care Law and Local Authority Handbook

£79.00

Covers the duties and responsibilities of LAs in the provision of community care services

Paperback i

Book printed softcover

£79.00
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Community Care Law and Local Authority Handbook examines the duties and responsibilities of local authorities in the provision of community care services particularly following the implementation of the Care Act 2014. It also includes chapters on the Mental Health Act 1983, the Mental Capacity Act 2005, Children Leaving Care, Finance and Charging, the distinction between Health and Social Care Services, Social Housing, and Asylum Seekers.

Community Care Law and Local Authority Handbook brings together in one place all the statutory materials that comprise the legal framework, together with related materials such as Codes of Practice, Guidance, and extracts from leading judgments. The materials are complemented by the authors’ expert commentary explaining how the various statutes interrelate and how they have been interpreted by the courts. The result is a handbook that provides the practitioner with the tools required to deal with this important area of law.

This new edition has been substantially revised to reflect the implementation of the Care Act 2014, changes to the Mental Health Act 1983 and revised Code of Practice, new Court of Protection Rules, and significant new case-law.

Community Care Law and Local Authority Handbook will be a valuable tool for local authority solicitors, solicitors in private practice and barristers dealing with community care, mental health and capacity issues, court of protection, elder law and public child law matters. Social workers and healthcare professionals will also find this handbook a useful desktop companion.
  • Mental Health Act
  • Capacity and the Court of Protection
  • Assessing Needs
  • Provision of Accommodation
  • Local Authority Duty towards Younger People and Disabled Children
  • Finance and Charging
  • Health and Social Care
  • Social Housing
  • Asylum Support
"It is particularly useful for outlining how the Care Act impacts across a very broad range of local authority functions and duties. The book has been on my shelf for a couple of weeks now, and I have already found myself raiding it for relevant information (and usually finding it) ... a very useful addition to the bookshelves ..."

mentalcapacitylawandpolicy.org.uk
Read the full review

REVIEWS OF PREVIOUS EDITIONS

"As a busy practitioner, Community Care Law and Local Authority Handbook will never be far from my desk and it is already a well-thumbed resource for initial advice."
Jenny McCabe Partner, Darbys LLP, Oxford

"a boon to busy barristers ... Here in one handy and portable volume of over five-hundred pages, all the diverse statutory materials that go to make up the legal framework are brought together ... as a guide through what has been referred to as 'the legislative maze' of community law, the book works superlativley well! ... If you seek information or insight from within the tangled web of community law, this book is where you know you can find it."
For the full review click here
The Bill of Middlesex (Official magazine of Middlesex Law Society) Phillip Taylor MBE and Elizabeth Taylor of Richmond, Green Chambers

"It is heartening to find a book that encompasses many of the key areas so concisely ... easy reference, readable, useful resource and desktop companion ... ideal purchase ... achieves its aim of being a concise guide for lawyers and non lawyers"
INDEPENDENT LAWYER

"essential reference sources for "head office" use for groups of care homes and those advising them"
CARING TIMES

"a boon to busy barristers......Here in one handy and portable volume of over five-hundred pages, all the diverse statutory materials that go to make up the legal framework are brought together.....as a guide through what has been referredto as 'the legislative maze' of community law, the book works superlativley well!....If you seek information or insight from within the tangled web of community law, this book is where you know you can find it."
For the full review click here
Sir Phillip Taylor MBE and Elizabeth Taylor of Richmond,  Green Chambers
For one work to attempt to describe the detail of the law and practice relating to disabled and vulnerable adults and children, mental health, community care, health and social care, capacity, accommodation and finance is a very significant endeavour. The authors have brought to this work both significant professional experience and an admirable dedication. The result is a work of scholarly detail, analytical erudition and practical application that is a real pleasure to use. Both lawyers and social and health care professionals will find this updated handbook an invaluable reference tool, a tutorial that sets out first principles but then develops the detail necessary for even the most complex problems and a step-by-step guide to the concepts that need to be considered.

With the extensive developments that have taken place since the commencement of the Mental Capacity Act 2005 and the Rules and Guidance that accompany it, and the commencement of the Care Act 2014, there could not have been a better time to review the law in this area. The handbook guides the reader through the up-to-date legislative concepts and principles that are the foundation of the statutory codes in each of the fields of study, giving detailed case-law examples and citations. The interrelationship between those codes and their occasional lacuna and dysfunctions are analysed and commented upon.

This third edition is a timely and admirable contribution to what has previously been too disparate a field of study and is both very welcome and necessary.

Lord Justice Ernest Ryder
Royal Courts of Justice
London
July 2015
Contributors:

Simon Burrows
, Barrister, Kings Chambers
Adam Fullwood, Barrister, Kings Chambers
Arianna Kelly, Barrister, Kings Chambers
Eliza Sharron, Barrister, Deans Court Chambers

With an Foreword by The Hon Mr Justice Ryder 

Ordinary Residence

3.35 The provision of services under s 2 of the Chronically Sick and Disabled Persons Act 1970 (CSDPA 1970) will only be to those service users who are ordinarily resident within the jurisdiction of the relevant local authority. The concept of ordinary residence is identical to that of the National Assistance Act 1948 (NAA 1948). There is no facility for deciding the matter by way of reference to the Secretary of State however (as there is if there is a dispute arising out of ordinary residence pursuant to NAA 1948 falls to be considered via s 32(3)) together with the Ordinary Residence Disputes(National Assistance Act 1948) Directions which must be followed in providing the information to the Secretary of State for the purposes of his adjudication. Thus, if there is a dispute, then it will be decided by the Court, based on the facts, and in accordance with the assistance of the case-law as to ordinary residence (R v Kent CC and Salisbury and Pierre [2000] 3 CCLR 38).

 

Ordinary residence and children

3.36 The concept of ordinary residence and children (which is relevant because of s 28A) is a different one than that which applies to adults. This makes reference to Part III of the Children Act 1989 only (ie ss 17 and 20, in this context). A different test again is applied if there is an issue arising under Part IV of the Act. The test in respect of both s 17 and s 20 (children in need, and accommodation, respectively) refers to children ‘within their area’. Unfortunately, the same section of the statute (ss 20(2), 21(3), 29(7), 29(9))places financial responsibility for accommodation upon the local authority where the child is ‘ordinarily resident’. In terms of the expression ‘within their area’ it has been held that this simply means physical presence (which will in turn be a matter of fact) (R (on the application of Stewart) v Wandsworth LBC, Hammersmith and Fulham LBC and Lambeth LBC [2001] EWHC 709 (Admin), [2001] 4 CCLR 446 and R (on the application of M) v Barking and Dagenham LBC and Westminster LBC [2002] EWHC 2663 (Admin), [2003] 6 CCLR 68). It should also be noted that there is a provision (at s 20(2) of the Children Act 1989) for local authorities to take over provision of responsibilities as between each others’ jurisdiction. The law in respect of care leavers has been simplified by the Children (Leaving Care) Act 2000 (which is considered in more detail in Chapter 5, at 5.9 and 5.28). Unless there is a dispute as to ordinary residence for the purpose of designation for a care order (pursuant to Part IV of the Children Act 1989) in which case a different test again applies, the issue of ordinary residence will be determined in accordance with the common law. In broad terms, where a child is concerned, this will be decided in accordance with the ordinary residence of his parents. If there is no resolution, then s 30(2) of the Children Act 1989 may be used, which is similar to s 32(3) of NAA 1948.

 

Needs

3.37 The statute refers back to s 29 of NAA 1948, but the expression ‘necessary in order to meet the needs of that person for that authority to make arrangements’ has given rise to a plethora of litigation, the most well-known of which is R v Gloucestershire County Council ex parte Barry [1997] 1 CCLR 40, [1997] 2 WLR 459, HL. Although this is the leading case on the matter, and should be definitive and well understood, the concepts that it considers are still causing difficulties for those who carry out an assessment of the needs. It is therefore worth looking at in some detail. It should also be noted that the principles established have consequences for assessments in respect of other statutes (for example, the National Health Service and Community Care Act 1990). The principal debate was to what extent (if any) a local authority can take into account the resources that are available to it when deciding whether or not to provide for the needs of an individual who came within the scope of the statute. The facts of the case itself are unremarkable and quotidian. A disabled man had been assessed as needing assistance at home. This included cleaning and laundry services. The local authority withdrew the services, citing a lack of financial resources as the reason for cessation of the services.

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