Community Care Law and Local Authority Handbook examines the duties and responsibilities of local authorities in the provision of community care services, covering mental health services, residential accommodation and domiciliary care, as well as related issues such as capacity, charges and payment, and remedies.

Community Care Law and Local Authority Handbook brings together in one place all the disparate statutory materials that comprise legal framework, together with related materials such as Local Authority Circulars 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 now includes new chapters on social housing and asylum support, and has been updated to include major changes to the Mental Health chapter which now deals with the new Code of Practice and the Capacity chapter which examines Deprivation of Liberty.

Jonathan Butler Barrister, Deans Court Chambers, Manchester; Fee Paid Tribunal Judge (First Tier Tribunal, HESC) and Recorder

Contributor
Adam Fullwood Barrister, Kings Chambers, Manchester

With an introduction by The Hon Mr Justice Ryder Kt

• Mental Health Acts
• Capacity and the Court of Protection
• Assessment of Community Care Needs for Adults
• Provision of Accommodation
• Provisions for Older Children (Leaving Care) and Disabled
• Finance and Charging
• Health Care and Social Care
• Social Housing
• Asylum support
• Index

REVIEWS OF PREVIOUS EDITION

"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

FOREWORD TO 2ND EDITION

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. To this list, can now be added two new chapters (by
Adam Fullwood) on Social Housing, and Asylum Support. Both Jonathan
Butler and Adam Fullwood are acknowledged specialists in the different courts
and tribunals which administer and make these decisions. They 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 there could not have been a better time to review the law of
capacity and in particular that which relates to the Deprivation of Liberty
Safeguards. 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. Jonathan Butler’s advice to
the reader is both wise and helpful.

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

Ernest Ryder
Royal Courts of Justice
London
December 2011