Adults Law Flashcards
Question example: Discuss the legal principles, duties and powers under the care act 2014 that are relevant to your social work intervention with this case?
Wellbeing principles
Eligibility
Assessments
Care and support process
Question example- safeguarding
Does it meet the criteria? Criminal offence? Can information be shared? Type of abuse? Indicators ? Review of plan does it need amending ?
Question example: mental capacity and involvement in the social work process.
Duties in regards to mental capacity
Promoting ability to be fully involved in the social work process.
Single tests of capacity and functional
What is decision?
Purpose of independent advocate. What process?
Question example: human rights
What articles are relevant ?
Safeguarding concerns?
Wishes to be placed into care home?
Human rights dealing with carers?
Carers allowance - care act 2014
To get it, you need to provide at least 35 hours of care. Family members can be included
Care and support process for adults and carers - care act 2014
1) assessment : needs assessment and carers assessment
2) eligibility
3) care and support planning : personal budget, person centred care and support planning.
4) meeting needs : provisions of support and direct payments
5) financial assessment: charging for care and support
6) review: of direct payments and of plan.
What is s31-33 of care act 2014?
Direct payments
During the care and support planning process, the local authority must inform the adult /carer of their rights to request direct payments
They can be used by someone whom the adult feels can manage their direct payments on their behalf such as a family member.
The person managing these payments must ensure they only use it for care and support and not for their personal wishes. Otherwise it is financial abuse
What is s17- financial assessment - care act 2014?
Financial assessment.
If local authority decide to charge you for the care and support services, they must carry out a financial assessment of what the adult can afford to pay.
If capital threshold is over £23,250 then they will need to pay for their care.
What is s27- care act 2014?
Reviews.
Review of care and support plans every 6-8 weeks and then every 12 months.
Review of direct payments usually within 6months and then every 12 months
If it is found that a safeguarding enquiry has been done then might need to alter the current care and support plan.
What is the test for mental capacity?
S2 - single test is the diagnostic aspect. This is when an adult lacks capacity in relation to not being able to make a decision due to an impairment
Casual nexus- if the person is unable to make a decision and they have an impairment but the impairment doesnt affect the decision making ability, then the test for mental capacity is not met.
This test is to ensure that the capacity is not just about unwise decisions.
S3- functional aspect is when an adult is unable to make a decision if they are unable to understand information, retain information, use information to process the decision making or communicate the decision.
Human rights act 1998
Provides protection to citizens against the state action.
Most relevant is 3,5 and 8.
Article 3: freedom from torture/degrading treatment. Absolute right.
There could be abuse in care homes or hospitals so this is a critique of this article.
Article 5: right to liberty. Limited right.
Human rights are not for everyone such as this article is denied to criminals and vulnerable people in care homes. Best interests assessor work under the care act to deprive liberty if needed
Article 8: respect for private family life. Qualified right
Failure to provide support to carers can breach this via a carers assessment
Article 9: freedom of religion/thoughts. Qualified right
Absolute rights: cant be interfered
Limited rights: applies to all but some not
Qualified right: can be changed.
If someone wants to remain in an abusive home then allow to stay but do risk assessment. Their choice.
If we dont have consent to enter homes we are trespassing.
