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Community Care Briefings

You will find regularly updated notes on community care in our Encyclopedia of Rights.

The following are briefings on community care issues for health and social care workers, advisers, service users and carers. Due to developments in case law and legislation, older briefings should always be read in conjunction with more recent briefings on related subjects.

 

This briefing examines the issue of NHS Continuing Healthcare, its availability across the various UK regions and the legal framework governing accessibility to this service within England, Wales, Scotland and Northern Ireland.

 

This briefing examines the current legal position in Northern Ireland regarding advance decisions to refuse treatment, implications for healthcare professionals, and how to handle disputes and emergencies.

 

This briefing summarises current law and guidance governing the duties and powers of a Health and Social Care Trust (HSC Trust) in relation to imposing  financial charges on individuals for the provision to them of social care services. 

 

This briefing examines the process that Health and Social Care Trusts must follow when managing delayed discharge of patients from acute hospital settings.

 

Trusts will from time to time review and make changes to eligibility criteria. When making such changes, it is important that they consider their duties under equality legislation.

 

This briefing discusses when budgets can/cannot be taken into consideration in assessing duties to meet social care need. As we navigate through difficult funding times, it will help trust staff and service users understand their legal position.

 

 This briefing revisits the eligibility criteria to be applied by health and social care professionals when assessing adults’ eligibility for domiciliary care services.

 

  • 43. Safeguarding vulnerable adults - to be published in March 2017

 This briefing sets out the legal position on the Vetting and Barring Scheme, and explains how some automatic banned lists may be incompatible with the Human Rights Act 1998 in some cases.

 

This briefing examines the legal position governing whether a Health and Social Care Trust’s (HSC Trust) may take into account receipt by a service user of disability related benefits when making decisions about the provision of domiciliary care services.

It is aimed at health and social care staff (both managers and practitioners), service users, carers and their advisers.

 

This briefing examines the legal position governing a Health and Social Care Trust’s (HSC Trust) duty to identify an adult service user’s future care needs and to make timely and appropriate preparation and provision for longer term care planning to address social care needs which may arise at a later stage in a service user’s life.

It is aimed at health and social care staff, service users, carers and their advisers. 

 

The newly introduced Personal Independence Payment replaces Disability Living Allowance for over 16s, and has implications for the financial assessment process applied to the provision of personal social services to individuals placed in residential or nursing home accommodation by a Health and Social Care Trust.

This briefing explains what Personal Independence Payment is and how people will qualify. Importantly it explains how receipt of PIP, as a source of income, will be treated by a Health and Social Care Trust when conducting a financial assessment of an individual’s means to determine whether they must contribute towards or pay for the costs of their placement in a residential or nursing home.

It is aimed at health and social care staff as well as advisers, service users and their carers.

 

Self-Directed Support is currently being rolled out by the five Health and Social Care Trusts (HSC Trusts) in Northern Ireland.

Self-Directed Support Part 2 examines how people can access Self-Directed Support and the role of HSC Trust professionals in facilitating an individual service user/carer’s request for Self-Directed Support.

The briefing is aimed at helping HSC Trust staff understand and implement the Self-Directed Support process. It is also intended for individuals and advisers requiring more information on this new Regional Initiative.

 

Self-Directed Support is currently being rolled out by the five Health and Social Care Trusts (HSC Trusts) in Northern Ireland.

Law Centre (NI) Legal Information Briefing Self-Directed Support in Northern Ireland. Part 1 explains what Self-Directed Support is and the different forms of Self-Directed Support available in Northern Ireland.

The briefing aims to help HSC Trust staff understand and implement the Self-Directed Support process. It is also intended for individuals and advisers requiring more information on this new Regional Initiative.

 

This briefing is for those who wish to understand the law governing deprivation of liberty and the duties upon HSC Trusts to ensure any decision made to deprive an adult without capacity of their liberty within a care setting is lawful, including:

    • HSC staff;
    • advisers;
    • service users;
    • carers.

It examines a decision of the UK Supreme Court which provides a simple test which should be applied by health and social care (HSC) staff in order to identify whether a deprivation of liberty situation exists or is going to occur within a service user’s current or proposed living arrangements.

 

This briefing for health and social care staff and advisers examines the law covering third party top up agreements. 

A third party top up agreement may be required where the fees for a residential or nursing care  home are higher than the usual cost level (the standard rate) set by a HSC Trust.

It applies in a situation where a service user has chosen the more expensive option rather than accept the home which has been identified by the HSC Trust as meeting his/her assessed needs and which falls within the standard rate. 

 

This briefing summarises the law and guidance governing the provision of respite care to adults with social care needs and to their informal carers. It is of use to social care professionals responsible for assessing the respite needs of people in Northern Ireland and providing services to meet these needs. It is also useful for carers and adult service users wishing to access respite care.

 

This briefing examines the legal rules and requirements relating to the Direct Payments scheme and highlights the obligations of both Health and Social Care Trusts and recipients under the Scheme. It concentrates on the position for individuals who are able to consent to the Direct Payments Scheme.

 

An examination of a recent decision of the European Court of Human Rights concerning an English local authority's decision to remove the provision of a night time carer from the care package of a person with disabilities.

 

The law and guidance governing the assessment of needs for those who care for adults with social care needs.

 

The decision in McClean's Application: of relevance to any health and/or social care professional required to assess an adult's eligibility to access a domiciliary care service from the Trust.

 

Deciding upon the levels of payments to make to individuals with social care needs.

 

This briefing examines migrants' rights to access free healthcare at hospitals and GP practices. Please note that new health regulations are now in force, which means that some of the information in the briefing is now out of date. For a summary of the new health regulations, please see here: 

www.lawcentreni.org/Publications/Policy-Briefings/New-NI-Regulations-healthcare-for-migrants-SUMMARY-March-15.pdf

 

In May 2012, the Department of Health Social Services and Public Safety (NI) issued guidance on interim arrangements for the provision of direct payments to adults who lack the necessary mental capacity to consent to receive direct payments. This briefing summarises the guidance and examines the actions that must be taken by Health and Social Care Trusts in existing direct payments cases and for new applications. It also highlights the role of the ‘authorised person’ in the context of direct payments provision.

 

 

 

 

 

 

 

 

 

 

  • 18. Reviewing the needs of people in care - discontinued.

 

 

  • 16. Access to secondary (hospital) care by migrants 

(Replaced by number 29)

 

  • 15. Access to GP services by migrants 

(Replaced by number 29)

 

 

  • 13. Human rights in public authorities decision making

 

 

 

 

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