chapter  12
8 Pages

Community Care

There is no one piece of legislation that governs the provision of community care services for vulnerable adults. Different services, such as home care, residential care and day care are provided under various statutes which date back to the National Assistance Act of 1948. The National Health Service and Community Care Act, s.46(1) requires each local authority, after consultation with health and housing authorities, and voluntary organizations, to prepare and publish a plan for the provision of community care services in their area. The Disabled Persons Act of 1986 provides the assessment regime for the making of arrangements to provide services under the Chronically Sick and Disabled Persons Act 1970. Direct payments are not confined to people with physical disabilities. Compulsory removal from home is a grave infringement of civil liberties, and the procedure by which it is accomplished is unlikely to meet the due process requirements of Article 6 of the European Convention on Human Rights.