Additional resources

1. Resources to support people and their families understand the law

• Assessment: Brief Guide (2023)
• Financial abuse: Brief Guide (2020)
• Mental Health Act assessments: Brief Guide (2018)
• What is safeguarding adults? Brief Guide (2015)

2. General aspects of legal literacy

• Case Law and Legal Summaries (monthly publication)
• Policy Updates (monthly publication)
• Embedding human rights in adult social care: Leaders’ Briefing (2017)
• Supporting good court craft: Practice Tool (2019)
• Supporting good court craft: Supervisors' Briefing (2019)
• The Practice Supervisor Development Programme
• The Supervisor Development Programme
• Working with people who self-neglect: Practice Tool (2016)

Social Care Institute for Excellence (SCIE): Guide 13 Teaching, Learning and Assessment of Law in Social Work Education (2006) 

This resource can be used to support initial qualifying training and post-qualification training on law and social work practice, and to support employee appraisals, training needs analysis and self-audit and reflection.

3. Statute, case law and Ombudsman judgements

• Case Law and Legal Summaries (monthly publication)
  
  
• Policy Updates (monthly publication)
• Legislation and explanatory notes on Acts of Parliament can be found at: www.legislation.gov.uk
  
  
• Policy guidance and practice guidance can be found at: www.gov.uk and the Local Government Association
• Searches for court judgments (case law) can be done through:
  
  • The Courts and Tribunals Judiciary database: judiciary.gov.uk/judgments
  • The Supreme Court website: supremecourt.uk
  • The British and Irish Legal Information Institute database: bailii.org with Court of Protection decisions here: www.bailii.org/ew/cases/EWCOP
• Safeguarding Adults Reviews Library

• Ombudsman judgements: The Local Government and Social Care Ombudsman 
• News and commentary: The Court of Protection Hub 
• Online newsletters and commentary on judgments relating to mental capacity and occasional discussion papers: 39 Essex Chambers

Organisations with a legal department may also have access to subscription-only case law databases.

4. Mental capacity law

• Deprivation of liberty and 16-17 year olds: Practice Guide (2020)
  
  
• Adult social care law, mental health law and mental capacity law resources, including articles, case law commentary and guidance notes are available from 39 Essex Chambers:
  • www.39essex.com/resources-and-training/mental-capacity-law/
  • www.39essex.com/cop_cases/
  • www.mentalcapacitylawandpolicy.org.uk/

• Social Care Institute for Excellence resources on mental capacity:
  • www.scie.org.uk/mca
  • www.scie.org.uk/mca-directory

• Guidance on mental capacity assessments:
  • Department of Health: A CPD curriculum guide for social workers on the application of the Mental Capacity Act 2005
  • National Institute for Clinical Excellence: Decision-Making and Mental Capacity
    

• Deprivation of Liberty
  • ADASS: Guidance for Local Authorities in the light of the Supreme Court Decisions on Deprivation of Liberty Safeguards
  • Law Society: Identifying a Deprivation of Liberty: A Practical Guide
  • Mental Capacity Law and Policy: Information about the introduction of the Liberty Protection Safeguards under the Mental Capacity (Amendment) Act 2019.

5. Mental health law

• National Health Service Continuing Health Care: Practice Guidance (2019)
• Section 117 aftercare services and the Mental Health Act 1983 (2020)
• Mental Health Law Online is an internet resource on mental health and mental capacity law.
• The Role of the Social Worker in Adult Mental Health Services

6. Joint working

• Deprivation of liberty and 16-17 year olds: Practice Guide (2020)
• National Health Service Continuing Health Care: Practice Guidance (2019)
• Ordinary residence: Practice Guidance (2019)
• Successful relationships - working together across housing and social care: Practice Tool (2019)
• Safeguarding Adults Reviews Library

7. Standards, frameworks and additional guidance

Nursing

• Nursing and Midwifery Council: Resources for employers of nurses
• Nursing and Midwifery Council: Standards for competence for registered nurses
• Nursing and Midwifery Council: Standards of proficiency for registered nurses
• Royal College of Nursing: Principles of Nursing Practice

Occupational therapy

• Health and Care Professions Council – standards of proficiency
• Royal College of Occupational Therapists:
  • Professional standards for occupational therapy practice
  • Standards and Ethics

Social work

• Knowledge and Skills Statement for Social Workers in Adult Services
• The Code of Ethics for Social Work
• Capability statements
  • Capabilities Statement for Social Work with Autistic Adults
  • Capabilities Statement for social workers working with older people
  • Digital Capabilities Statement for Social Workers
  • The Capabilities for Social Work with Adults who have Learning Disability
• Social work supervisors:
  • Role and Responsibilities: Adult Principal Social Worker
  • Local Government Association Standards for Employers of Social Workers
  • Post-qualifying Standards for Social Work Practice Supervisors in Adult social Care
  • Principal social workers in adult services: capability statement

Additional resources can also be found at:

• • BASW
  • Care Quality Commission
  • Health and Care Professions Council
  • National Institute for Health and Care Excellence
  • Nursing and Midwifery Council
  • Royal College of Nursing
  • Royal College of Occupational Therapists
  • Skills for Care
  • Social Care Institute for Excellence
  • Social Work England

8. Texts that explore the use of law in social work and adult social care practice

• Brammer, A. (2020) Social Work Law, 5^th Edition. London: Pearson.
  This text provides a comprehensive overview and detail on the legal rules relating to both children’s and adults’ social care.

• Brammer, A. and Boylan, J. (2016) Critical Issues in Social Work Law. Basingstoke: Palgrave Macmillan.
  This is an edited collection of chapters, each examining a contemporary challenge in social work practice and exploring the impact of law on professional practice.

• Brammer, A. and Pritchard-Jones, L. (2019) Safeguarding Adults, 2^nd Edition. London: Macmillan/Red Globe Press.
  This text looks in detail at the legal rules relating to safeguarding adults.

• Braye, S. and Preston-Shoot, M. (2016) Practising Social Work Law, 4^th edition. Basingstoke: Palgrave.
  This text provides a comprehensive overview and detail on the legal rules relating to both children’s and adults social care. It takes a critical perspective on the legal rules and seeks to illustrate their application in practice through a series of case studies.

• Braye, S. and Preston-Shoot, M. (2019) The Care Act 2014: Wellbeing in Practice. London: Sage/Learning Matters.
  This edited text is a collection of chapters that explore different aspects of the Care Act. Each chapter, written by experts in its field, amplifies its explanation of the legal rules with consideration of research evidence on their implementation since 2015, together with relevant case law and Ombudsman judgements. 

• Carr, H. and Goosey, D. (2019) Law for Social Workers, 15th Edition. Oxford: OUP.
  This text provides an overview of legal powers and duties relevant to the social work role.

• Feldon, P. (2017) The Social Worker’s Guide to the Care Act 2014. St Albans: Critical Publishing.
  This text explores the powers and duties contained in the Care Act 2014 and their impact on adult social care practice.

• Johns, R. (2014) Capacity and Autonomy. Basingstoke: Palgrave.
  This text explores the legal concept of capacity to make decisions, and the mechanisms that exist within social care practice to promote people’s autonomy in decision-making.

• Johns, R. (2017) Using the Law in Social Work, 7th Edition. London: Sage.
  This text provides an accessible introduction to the use of law in social work practice.

• Knafler, S. (2019) Adult Social Care Law, 2^nd Edition. London: Legal Action Group.
  This is a comprehensive, detailed and authoritative legal text on social care law, exploring legislation, guidance and case law and illustrating their use in practice.

• Kong, C., & Keene, A. R. (2018). Overcoming challenges in the Mental Capacity Act 2005: Practical guidance for working with complex issues. Jessica Kingsley Publishers.
  This text provides guidance on the use of the Mental Capacity Act 2005 in practice
• Preston-Shoot, M. (2019) Making Good Decisions, 2^nd Edition. London: Macmillan/Red Globe Press.
  This text focuses on the process of decision-making in social care practice, highlighting the principles and standards that must be observed in order to make legally defensible decisions.