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Chapter 6 - The Care Act 2014

Published online by Cambridge University Press:  20 July 2023

Nick Brindle
Affiliation:
Leeds and York Partnership NHS Foundation Trust
Michael Kennedy
Affiliation:
Switalskis Solicitors
Christian Walsh
Affiliation:
Leeds Beckett University
Ben Alderson
Affiliation:
Leeds and York Partnership NHS Foundation Trust
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Summary

Clinicians are less likely to be familiar with the provisions of the Care Act compared with the MHA or MCA. While the Act is primarily the domain of social workers and local authorities, its effects are so widespread that a general overview of it is helpful in planning care and providing safeguards for people with dementia. The importance to clinicians arises because so much hinges on the assessment of the person’s needs and that the assessment is carried out in accordance with the Care Act. In a typical case in the Court of Protection, the key documents before the court will be determined by the Care Act assessment. These relate to what the person needs and whether they have the capacity to accept or decline the services required. We discuss the main provisions of the Care Act, which places a series of duties and responsibilities on local authorities concerning care and support for adults, as well as safeguarding in the Act. We then discuss the role of Continuing Healthcare, which is legally underpinned by the NHS Act 2006 and the Care Act, with the overlapping legal schemes essentially working in parallel.

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Publisher: Cambridge University Press
Print publication year: 2023

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  • The Care Act 2014
  • Nick Brindle, Leeds and York Partnership NHS Foundation Trust, Michael Kennedy, Switalskis Solicitors, Christian Walsh, Leeds Beckett University, Ben Alderson, Leeds and York Partnership NHS Foundation Trust
  • Book: A Clinician's Brief Guide to Dementia and the Law
  • Online publication: 20 July 2023
  • Chapter DOI: https://doi.org/10.1017/9781911623250.007
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  • The Care Act 2014
  • Nick Brindle, Leeds and York Partnership NHS Foundation Trust, Michael Kennedy, Switalskis Solicitors, Christian Walsh, Leeds Beckett University, Ben Alderson, Leeds and York Partnership NHS Foundation Trust
  • Book: A Clinician's Brief Guide to Dementia and the Law
  • Online publication: 20 July 2023
  • Chapter DOI: https://doi.org/10.1017/9781911623250.007
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Care Act 2014
  • Nick Brindle, Leeds and York Partnership NHS Foundation Trust, Michael Kennedy, Switalskis Solicitors, Christian Walsh, Leeds Beckett University, Ben Alderson, Leeds and York Partnership NHS Foundation Trust
  • Book: A Clinician's Brief Guide to Dementia and the Law
  • Online publication: 20 July 2023
  • Chapter DOI: https://doi.org/10.1017/9781911623250.007
Available formats
×