Research

 

You will find a complete range of our monographs, muti-authored and edited works including peer-reviewed, original scholarly research across the social sciences and aligned disciplines. We publish long and short form research and you can browse the complete Bristol University Press and Policy Press archive.

Policy Press also publishes policy reviews and polemic work which aim to challenge policy and practice in certain fields. These books have a practitioner in mind and are practical, accessible in style, as well as being academically sound and referenced.
 

Books: Research

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This chapter begins by discussing the impacts of the COVID-19 pandemic for adult social care in England. Secondly it places adult social care in England today in context and examines questions of definition and of delivery. Thirdly, it describes the methodological approach taken in the research which formed the basis of this volume. The chapter concludes with an outline of the structure of the book.

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Lessons from the Pandemic

Available Open Access digitally under CC-BY-NC-ND licence.

This book provides an in-depth socio-legal examination of adult social care law and policy during the COVID-19 pandemic. It explores the tensions between legislation, policy, economy, and practice in what was already an under-resourced and overstretched sector.

The authors interrogate the vision and utility of the Care Act 2014 and explore the impact of emergency legislation and operational changes implemented during the pandemic. Detailing what happened to social care provision during this time of intense stress and turbulence for people who draw on services, for informal carers, and for those who work in the sector, the book highlights fault-lines in the system.

This is an invaluable resource offering timely lessons for social care reform and future pandemic preparedness planning.

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This concluding chapter draws upon the key themes and findings of this book and asks what lessons ought to be learned in the aftermath of the pandemic experience for adult social care pandemic planning and for social care law and policy in general.

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This chapter critically examines the controversial Care Act easements that enabled local authorities to depart from certain statutory provisions as ‘a last resort’ when services were compromised by workforce pressures. Based on an empirical study of responses in the West Midlands, it examines the decision-making processes and approaches of a cluster of local authorities which formally operated easements during the early months of the pandemic; it contrasts these with similar strategic and operational changes made by neighbouring local authorities which stated that they were not using easements.

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The chapter explores foundational theoretical paradigms which underpin social care law, practice and policy in England. Engaging with these concepts is important to enable us to contexualise the current law, policy and practice in this area and in order to provide a framework for the examination of the efficacy of social care responses to the COVID-19 pandemic in the later chapters. This chapter begins by examining the diverse connotations of the term ‘care’, before moving on to examine how discourse around social care, has engaged with the concepts of fundamental rights, capabilities, and autonomy. Finally, it explores the concept of ‘vulnerability’ which, while contentious, can inform and perhaps ultimately strengthen policy and practice

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Chapter 3 explores the legal framework that underpins the regulation of adult social care provision in England today which provides the background for the discussion in subsequent chapters of the approach taken in relation to adult social care provision in England during the COVID- 19 Pandemic. It considers the role of local authorities in relation to social care. It aexamines the statutory duties under the Care Act 2014 in promoting individual well-being. It explores related provisions concerning NHS continuing healthcare and mental health care. It concludes by examining the scrutiny and oversight mechanisms which exist in this area such as the roles played by the Care Quality Commission and Local Government and Social Care Ombudsman.ch

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This chapter critically examines what happened in adult social care from the grim winter of 2020 onwards, as local authorities, service providers, and society more broadly tried to adapt to ‘living with COVID’. Drawing upon the findings of our ESRC project it explores ongoing pressures on social care, including longer-term changes to service provision, such as digitalization of services, reductions in day centres, and the crisis in staff recruitment and retention. It asks whether lessons are being learned from the sector’s pandemic experience.

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It has been suggested that the COVID-19 pandemic which emerged in 2020 caused unprecedented and unforeseen challenges, including in relation to social care. In this chapter the events of 2020 are set in context of the long standing role of the state in relation to public health emergencies and of the development over the previous 2 decades of emergency legislation and policy applicable in England and multi-agency pandemic planning exercises. This chapter critically examines these developments with specific reference to social care and how these ultimately led to the provisions of the Coronavirus Act 2020 which impacted on the Care Act 2014. It explores the introduction of Care Act ‘easements’ law and policy in 2020, subsequent developments at national level in 202

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What prevents an individual claimant from accessing social rights in the UK? This chapter unpacks this question by focusing on the range of systemic barriers that they face – from the recognition of social rights violations to the attainment of effective remedies. It critiques the current, limited understanding of access to justice, highlighting the necessity of a broader view that encompasses factors that are often obscured, including the need for legal consciousness, emotional resilience and financial resources. Drawing on extensive empirical insights from practitioners, the chapter reveals the profound inadequacies in the current legal system, particularly regarding legal aid and representation for welfare claimants. In response to these issues, it argues for an approach that addresses procedural and substantive barriers to accessing social rights through timely and effective judicial and administrative remedies. It emphasizes the importance of embedding international human rights standards into domestic law to provide robust protections against social rights violations. Ultimately, it advocates for structural reforms and collective solutions to enhance access to justice and promote systemic change.

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This chapter maps the conceptual terrain for understanding social justice in the United Kingdom (UK), focusing on the state’s international obligations concerning social rights (SR) such as housing, food, fuel and social security. It addresses the substantive violations of these rights and the systemic barriers that impede access to social justice. By situating its analysis within the legal frameworks of administrative law, human rights and social justice, the chapter also draws from various social science theoretical lenses, including hegemony, power narratives and deliberative democracy theory. Empirical insights from practitioners across the UK highlight the multifaceted nature of SR violations and the inadequacies of the current legal system. This chapter proposes a model for improving access to social justice by recognizing and overcoming procedural and substantive barriers. It emphasizes the need for a multi-pronged approach to legal processes that ensure effective remedies and uphold human rights standards. In doing so, it advocates for the simultaneous development of both individual and structural remedies to achieve social justice.

Open access