Community Care: Legal Aspects

MR MICHAEL MANDLESTAM MSc DipLib

One or two day workshop

Community care has become increasingly complex for occupational therapists (as for other local authority officers) owing to a maze of legislation, perceived lack of resources, a mass of guidance from central government and a steady stream of judicial review cases in the law courts. Many local authority staff and managers - including some legal departments - have been caught unprepared by these developments, and are consequently unaware

a) of the legalities of what they do; and br>b) how to use the law, within existing limitations, to best effect for users of services.

Against this background, the course systematically deals with issues such as screening of clients, assessment of need, rationing, decisions about need, eligibility criteria, resources, waiting times, charging for equipment and services, direct payments, joint working etc. The case studies will focus particularly on the provision of equipment.

Legislation covered includes, for example, the NHS and Community Care Act 1990, National Assistance Act 1948, Chronically Sick and Disabled Persons Act 1970, Mental Health Act 1983 (after-care services), Carers (Recognition and Services) Act 1995, Community Care (Direct Payments' Act 1996, Disability Discrimination Act 1995 and so on. Dealt with also are guidance, judicial review by the law courts and investigations by the local government ombudsmen.

The practical implications of all this are spelt out for both occupational therapists and service users in terms of duties, powers, rights, obligations etc. In particular, the course explores the relationship between lawful practice and professional good practice. Practical situations are analysed and, step-by-step, breaking points and problem areas identified. The course is fully participative, includes group work and ample time for questions and discussion, avoids legal jargon and deals with law in the context of everyday practice.