Health and Social Care
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Introduction
This toolkit is intended to be used by St Mungo’s caseworkers to assist their clients accessing, and making most effective use of health and social care services.
The toolkit is divided into four sections, namely:
1. The issues to consider when seeking access to GP Services, including:
a. what is the client entitled to?
b. how can they make their case effectively?
c. what to do if they are ignored/refused their rights?
d. what sources of expertise / authority can they turn to?
2. The duties imposed on local authorities under the NHS and Community Care Act 1990, including:
a. the distinction between “social care” and “healthcare”;
b. the duty to provide a “needs assessment”;
c. how to initiate a needs assessment; and
d. the options available to clients who are not satisfied with their needs assessment.
3. The issues to consider when a client is being discharged from health / social care services, including:
a. the duty on healthcare providers to refer clients to local authority homelessness / housing options;
b. the duties on healthcare providers under the Mental Health Act to refer clients to local authority homelessness / housing options;
c. clients’ entitlement to aftercare services under the Mental Health Act; and
d. what to do if a healthcare provider should be in breach of these duties.
4. The issues to consider when a client should undergo a mental capacity assessment under the Mental Capacity Act, including:
a. how to obtain a mental capacity assessment;
b. how capacity is assessed and what the assessor is looking for;
c. how to appeal or challenge a mental capacity assessment;
d. under what circumstances a client’s liberty can be taken away, and what authorisations are required;
e. and how to challenge an authorisation.
While this Toolkit provides general advice on various legal issues which may arise before, during and at the after accessing health / social care services, each case is of course unique. If you or your clients are ever in doubt about the course of action to take, the following support services are also available: