The book is a much-needed revised and updated edition of Elders and the law (PEPAR Publications, 1993). It describes the legal framework for working with older people following the National Health Service and Community Care Act 1990 and the modernising agenda in health and social care.
Covering broadly the same ground as the first edition, the length has been considerably expanded to enable topics to be dealt with more comprehensively. It covers the range of legal issues affecting the welfare and financial security of older people in the community and residential settings, and emphasises the empowering nature of legal knowledge. It also describes and explains the application of law and policy relating to older people in the context of social work practice.
Written by a social worker and a lawyer, the book highlights the opportunities for interprofessional working and combines professional perspectives on:
· providing health and social care services in the community;
· housing needs and entering residential care;
· dealing with financial matters;
· end of life issues.
Older people and the law is aimed at all professionals working with older people, but particularly social workers. Its clarity of style means that older people themselves and carers will find it accessible.
During what Unsworth (1991) and Castel (1988) called the carceral era, a period dating from the late 18th century through to the middle of the 20th century, the landscape of care became increasingly dominated by institutional confinement. A bifurcated legal framework developed to regulate the institutional confinement of people with mental disabilities, which I call the ‘law of institutions’. One branch of the law of institutions conferred safeguards for individual liberty; the second branch deployed licensing and inspection to regulate the conditions
95 The law and policy EIGHT the law and policy This chapter addresses perhaps the most important debate in the literature: that the law, and in particular the development of human rights law and practice, has funnelled migration policy making in a particular direction. The argument proposed here is that there is a ‘legal bottom line’ and policy cannot circumvent it. It also discusses the legal constraints on policy making, such as ensuring non-discrimination in policy delivery. In the UK, legal redress is possible if policies are implemented outside of the
Introduction The previous chapters have laid out the need for reform: the Marriage Act 1949 is unprincipled and unequal, providing a legal framework which is the product of historical quirk and not only reflects the Christian origins of marriage law but also indirectly discriminates against some religious traditions. The welcome progressive reforms of recent years have been bolted on to this antiquated framework in a way that makes the law overly complicated and also shows that the focus has been only on regulating particular forms of relationships. The
Chapter objectives The law exerts a major influence on public services. When examining the law in relation to public services, it needs to be considered in a synergistic approach, considering global, national and regional perspectives. With a focus on global influences, it is necessary to scrutinise the role of the United Nations and key legal elements of the UN Charter, as well as the specific role of the UN Security Council and the role of the International Criminal Court in the fields of genocide, war crimes, crimes against humanity and crimes of
When a death is investigated by a coroner, what is the place of the family in that process?
This accessibly written book draws together empirical, theoretical and historical perspectives to develop a rich, nuanced analysis of the contemporary inquest system in England and Wales. It investigates theories of kinship drawn from socio-legal research and analyses law, accountability and the legal process.
Excerpts of conversations with coroners and officers offer real insights into how the role of family can be understood and who family is perceived to be, and further, how their participation fundamentally shapes the investigation into a death.
fact that according to the law people should be accommodated in Italy during their asylum procedure – but it was common knowledge that the reception conditions in Italy were precarious ( SFH, 2016 ). Nevertheless, and despite the experienced negligence of the Italian authorities, Adama continued to hope to obtain residence documents in Italy. A few months before my visit to Italy, he had found a possibility to move into a friend’s flat. Now that he was earning some money, he could afford to pay his friend rent. He was excited that he had finally found a place to
ARTICLE Gender, sexuality and the limits of the law Elizabeth Mills Department of Anthropology, University of Sussex, Brighton, UK ABSTRACT This article reflects on a programme of research conducted by gender and sexuality activists, academics and legal practitioners in Latin America, Africa, the Middle East, South Asia and South East Asia. Running over 4 years, the Sexuality, Poverty and Law Programme (SPLP) aimed to generate new evidence-based knowledge and policy options to support efforts that would strengthen, through legal reform, the rights of lesbian, gay
139 8 GETTING FROM THE STORY OF A DISPUTE TO THE LAW Emily Rose* Introduction What is your approach to giving employment advice? Responses to this question from specialist and generalist advisers, as well as solicitors working with the Citizens Advice service, emphasised a particular process. While the advice interview must start with the client’s story, this initial narrative account represents only the first step; it is in what comes after this that the critical work of advice is achieved. In this chapter I explore how advisers move from the story of a
