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Luke Clements, "Community Care: Towards a Workable
Statute", in "Social Work Law: an Interface for Policy and Practice
Development", Liverpool Law Review XIX/2 (1997), 181-191: The
article analyses the need for the reform of Community Care Law and concludes
that simple codification is not possible. It explores the constraints which
limit the possibility of an over-arching substitute statute (like the analogous
Children Act 1989). The author concludes that the reforming Act will need
avoid resource questions (charging for services and how substantial a service
will be) and concentrate upon the issue of legal entitlement to services
and 'due process' in how such decisions are reached. The article proposes
that a reformed statute should be based upon a core of agreed principles
(the promotion of independence, minimum restriction of individual liberty
etc). The remaining key sections of the reform statute are then considered.
e-mail: luke@clements.kc3ltd.co.uk
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