| Foreword |
1 | Introduction |
1.1 | Basing policies and practices on the legal framework |
1.2 | Local authorities and the NHS: public bodies created by and subject to legislation |
1.3 | Legislation for the welfare of clients and patients |
1.4 | Health and safety at work legislation: balancing risks, resources and benefits |
1.5 | Law of negligence |
1.6 | Dispelling the legal myths |
1.7 | English and Scottish case law |
1.8 | Chronically Sick and Disabled Persons [Scotland] Act 1972. |
2 | Welfare legislation |
2.1 | Community care legislation |
2.1.1 | Community care assessment: Social Work [Scotland] Act 1968, s.12A. |
2.1.2 | If a person is disabled: Social Work [Scotland] Act 1968, s.12A |
2.1.3 | Taking account of the views of clients and carers: Social Work [Scotland] Act 1968, s.12A |
2.1.4 | Assessing carers. Social Work [Scotland] Act 1968, s.12AA |
2.1.5 | Taking account of NHS provision: Social Work [Scotland] Act 1968, s.12A |
2.1.6 | General welfare services: Social Work [Scotland] Act 1968, s.12. |
2.1.6.1 | Relevant person |
2.1.6.2 | Nature of the general duty |
2.1.6.3 | Equipment and adaptations |
2.1.6.4 | Advice and guidance |
2.1.6.5 | Cost-effectiveness |
2.1.7 | Equipment and adaptations: Chronically Sick and Disabled Persons Act 1970, s.2 |
2.1.7.1 | Range of services and implications for equipment and adaptations |
2.1.7.2 | Need, and necessity to meet the need, for equipment and adaptations |
2.1.7.3 | Implications for equipment and adaptation services of the legal rules about need and necessity |
2.1.7.4 | More than one option to meet a need |
2.1.7.5 | Meeting a need within a reasonable time |
2.1.7.6 | Judicial decisions about waiting times for community care |
2.1.7.7 | Local government ombudsmen: decisions about waiting times for equipment and adaptations |
2.1.7.8 | Identity of assessors for equipment and adaptations |
2.1.7.8.1 | Competence assessment and changes to equipment and adaptation services |
2.1.7.9 | Self-assessment for equipment and adaptations |
2.1.7.10 | Self-selection of equipment and minor adaptations |
2.1.7.11 | Assessed need against client preference |
2.1.7.12 | Adaptations in the home |
2.1.7.13 | Additional facilities for greater, safety, comfort or convenience |
2.1.7.14 | Instructions, maintenance, repair, replacement, review, monitoring, recall of equipment and adaptations |
2.1.7.15 | Divisions of responsibility for equipment and adaptations |
2.1.8 | Duty to provide information and to individuals CSDPA 1970 |
2.1.9 | Domiciliary services and laundry facilities: Social Work [Scotland] Act 1968, s.14 |
2.1.10 | Care homes |
2.1.11 | Direct payments: Social Work [Scotland] Act 1968, ss.12B and 12C |
2.1.12 | Direct payments and equipment and adaptations |
2.1.12.1 | Direct payments and joint working |
2.1.12.2 | Direct payments, equipment and adaptations, and safety |
2.1.12.3 | Direct payments: intervention on safety matters? |
2.1.12.4 | Balancing intervention with the purpose of direct payments |
2.1.12.5 | Summary of potential legal liabilities in direct payments situation |
2.1.12.6 | Cost-effectiveness of equipment and adaptations as part of direct payments |
2.1.13 | Charges for non-residential services: Social Work [Scotland] Act 1968, s.87 |
2.1.14 | Adaptations through housing authorities: Housing [Scotland] Act 1987, Part 8 |
2.1.14.1 | New system of funding home improvement grants |
2.1.14.2 | Scope of home improvement grants |
2.1.14.3 | Registered social landlords/housing associations |
2.1.14.4 | Stairlift issues |
2.1.14.5 | Building regulations and adaptations |
2.1.14.6 | Divisions of responsibility for equipment and adaptations |
2.1.15 | NHS provision: National Health Service [Scotland] Act 1978 |
2.1.15.1 | Extent of NHS duty to provide equipment and other services |
2.1.15.2 | Equipment provision and rehabilitation by the NHS: some concerns |
2.1.15.3 | Continuing NHS healthcare status |
2.1.16 | NHS charges: National Health Service [Scotland] Act 1978 |
2.1.16.1 | Implications for joint working |
2.1.17 | Joint working: Community Care and Health Act 2002 |
2.1.17.1 | Delegation of functions |
2.1.18 | Division of responsibilities for equipment and adaptations |
2.1.18.1. | Past guidance from the Scottish Office |
2.1.18.2 | Effect of the guidance on equipment and adaptation demarcation |
2.1.18.3 | Future of the guidance |
3 | Providing equipment and adaptations fairly: judicial review and the ombudsmen |
3.1 | Judicial review |
3.1.1 | Fettering of discretion: rigid policies on equipment and adaptations |
3.1.2 | Taking account of all relevant factors when assessing for equipment and adaptations. |
3.1.2.1 | Role of professional judgement: attaching weight to different factors. |
3.1.3 | Illegality |
3.1.4 | Legitimate expectations |
3.1.5 | Reasoning and documentation |
3.2 | Ombudsmen |
3.2.1 | Ombudsman investigations: equipment and adaptations |
4 | Human rights and discrimination legislation |
4.1 | Effect of Human Rights Act 1998 |
4.2 | Inhuman or degrading treatment |
4.3 | Right to respect for private and family life |
4.3.1 | In accordance with the law |
4.3.2 | Necessary |
4.3.3 | Economic well-being of the country |
4.3.4 | Protection of health and protection of the rights and freedoms of others |
4.4 | Disability and race discrimination legislation |
4.4.1 | Race Relations Act 1976 |
4.4.2 | Disability Discrimination Act 1995 |
4.4.3 | Justifications for less favourable treatment |
4.4.4 | Implications for equipment and adaptation policies |
4.4.5 | Extension of Disability Discrimination Act 1995 to education |
5 | Health and safety at work legislation |
5.1 | Overall duty of employers to employees: Health and Safety at Work Act Etc 1974, s.2 |
5.1.1 | Implications for equipment and adaptation provision |
5.2 | What is reasonably practicable? |
5.2.1 | Reasonable practicability and benefit to patients and clients |
5.3 | Duty of employers to non-employees: Health and Safety at Work Act 1974, s.3 |
5.3.1 | Duty to non-employees: supportive of good quality equipment and adaptation services |
5.3.2 | Maintenance of equipment and adaptations on loan in the community: what is reasonably practicable? |
5.3.3 | Use of independent contractors or other organisations |
5.4 | Duty of employees: Health and Safety at Work Act 1974, s.7 |
5.5 | Health and safety at work policy: Health and Safety at Work Act 1974, s.7 |
5.6 | Risk assessment etc: Management of Health and Safety at Work Regulations 1999 |
5.7 | Lifting Operations and Lifting Equipment Regulations 1999 [LOLER] |
5.7.1 | Lifting equipment used at work |
5.7.2 | Lifting equipment |
5.7.3 | Thorough examination of lifting equipment |
5.8 | Provision and Use of Work Equipment Regulations 1998 |
5.8.1 | Equipment used at work |
5.8.2 | Scope of equipment |
5.8.3 | Maintenance of equipment: strict liability |
5.9 | Manual Handling Operations Regulations 1992 |
5.9.1 | Implications for equipment and adaptation services |
5.9.2 | Elimination of all risk |
5.9.3 | Avoiding rigid policies on hoist use |
5.10 | Safety advice on equipment |
5.10.1 | Safety, joint working and open government? |
5.10.2 | Content of, and acting on, safety notices etc |
6 | Negligence |
6.1 | What constitutes professional carelessness |
6.2 | Expert views |
6.3 | Vicarious and direct liability of an organisation |
6.4 | Organisational responsibilities for equipment and adaptations |
6.5 | Practical implications for professionals |
6.6 | Employers' Liability [Defective Equipment] Act 1969 |
7 | Consumer Protection Act 1987 [part 1] and Medical Devices Regulations 1994 |
7.1 | Consumer Protection Act 1987: product liability |
7.2 | Medical Devices Regulations 1994 |