Mandelstam breaks this complex subject down into individual terms, then explains the legal and practical implications of each term in plain language, enabling readers to explore specific issues quickly and concisely.

This fourth edition of Community Care Practice and the Law has been fully updated to reflect the rapid and continuing legal, policy and practice changes affecting community care. It provides comprehensive and jargon-free explanations of community care legislation, as well as other areas of law directly relevant to practitioners, including the NHS, disabled facilities grants and housing adaptations, asylum and immigration, mental capacity, human rights, disability discrimination, health and safety at work and negligence – and a range of legal provisions relevant to the protection and safeguarding of adults. Apart from the burgeoning legal case law and ombudsman investigations, changes from the last edition include coverage of the Mental Capacity Act 2005, legal implications of 'self directed care' and 'individual budgets', changes to direct payments and 'ordinary residence' determinations. In particular, new guidance applies to the high profile issue of NHS continuing health care. The book is an essential guide for practitioners and managers in both the statutory and voluntary sectors, policy makers in local authorities and the NHS, advocates, lawyers and social work students.

This text presents an accessible overview of manual handling law and the legal implications and practical issues involved. Topics covered include equipment provision and handling of children in schools and guidelines on health and safety.

Manual Handling in Health and Social Care is written for all those involved in the manual handling of adults or children - including those carrying it out, assessors, managers and commissioners. It lays out the current legal requirements in a non-technical way and includes case studies illustrating the law applied in practice, across health, social care and sometimes educational settings. The book applies to England, Scotland, Wales and Northern Ireland. An extended introduction sets out challenges, past, present and future, including safety, balancing risk with duties to meet people's needs, human rights, avoidance of blanket policies, mental capacity, safeguarding, the limited resources of statutory services and single-handed care. It also considers some of the legal implications of increased use of technology (including remote assessment), as well as the "mechanisation" of care and its application to manual handling. The main part of the book is in the form of an A-Z guide, providing quick access to relevant legislation and common law (negligence) rules applying to personal injury cases. It covers also, extensively, judicial review legal challenges to decisions, when people and their families disagree with manual handing decisions that have been made. In addition, relevant ombudsman cases are included. The book will be essential reference for staff and managers in health and social care settings, students, legal professionals and all those working to ensure good practice and compliance with the law.

This authoritative guide to the law of continuing healthcare provides clarity on a contentious issue for those in long-term care: which adults are eligible for full NHS funding, as opposed to self-funded social care. Written by seasoned legal expert Michael Mandelstam, it provides practitioners with clear information on both the letter and spirit of the law, written in an accessible style suitable for a wide range of health and social care practitioners. The book gives all the need-to-knows in a handy A-Z format for quick reference, including key legal rules, guidance and case law. It contains also an extended analysis, with detailed evidence, of NHS continuing healthcare over the last 30 years up to the present. This is critical in order to understand why the rules are so complex, confusing and sometimes disregarded, and why decisions can seem counter-intuitive, unfair and difficult to challenge. The book is essential reading to assist the making of decisions that are fair, lawful and transparent.