|[Law & Social Work] | | |
Community Care Law3
This essay will state the legal obligations and rights in relation to the case study focusing on Community Care Law, Mental Health issues, anti-discriminatory issues and will show linkages between the different laws and issues raised throughout the essay. This essay will also identify, define and apply these various laws and issues to the case study appropriately including what assistance can be sought for the family involved and various assessments that can be carried out.
Community Care Law
The NHS & Community Care Act 1990 (1990 Act) was established in order to allow individuals primarily to be able to stay in their own home for as long as possible, to allow for proper assessment of the individuals needs and to give a high priority to the needs of the carer.
Under section 5A of Social Work (Scotland) Act 1968 (1968 Act) (as inserted by 1990 Act) the local authority of where the individual is residing has a duty to provide services to individuals that are in need of them after being assessed. This is linked to Part 2, Section 12A of the 1968 Act. Ken is defined as a person in need under Section 96 of the 1968 Act which states a person in need as a person who, “are in need of care and attention arising out of infirmity, youth or age; or suffer from illness or mental disorder or are substantially handicapped by any deformity or disability”. Ken would be seen as a person in need as he suffers from Alzheimer’s and has a disability. Due to this the local authority would have a duty to assess him and after the assessment the local authority would then decide what services could be provided for Ken. The local authority must have in place policies on how to screen and prioritize individual cases and procedures on eligibility criteria. If during the assessment of Ken that he is disabled then he would also be assessed under Section 4 of The Disabled Persons (Services, Consultation and Representation) Act 1986 (1986 Act), of which Ken would be. Under the 1986 Act any person who is chronically sick, disabled or suffering from a mental disorder can then be assessed under The Chronically Sick and Disabled Person Act 1970 (1970 Act) which will provide practical assistance in the home including adaptations if required and additional facilities and help with the provision of a radio, television and telephone. Ken would be entitled to an assessment under the 1986 Act and the 1970 Act due to his long term illness and his disability. Under S.12A of the 1968 Act there never appeared to be an obligation to provide services even if they were defined as needed. Only under the 1970 Act does the local authority have to provide any service which is needed in the disabled person assessment under S.4 of the 1986 Act, this was clarified in Gloucestershire Case where the local authority wanted to cease services due to financial difficulties. The courts decided that once a service had been provided it must continue to be provided even if financial restraints may affect this.
Under the 1968 Act carers are automatically assessed as part of the client’s assessment in order to determine their ability to care for the individual. Under this act Paul would be automatically assessed as part of Ken’s assessment. Although Paul...