Social Care: A Case Study

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Currently, the initial visit would involve the social worker ascertaining five principles of capacity of the older person included in the Mental Capacity Act (2005), unless ‘it is established he lacks capacity’ (Mental Capacity Act 2005 c9 p1 s1 (2)). This is in conjunction with the Care Act (2014), which states that support would be via ‘any person whom the adult asks the authority to involve or, where the adult lacks capacity to ask the authority to do that, any person who appears to the authority to be interested in the adult’s welfare’ (Care Act 2014: c23 p1 s9 (5)).

Therefore, unless other provisions have been made, the responsibility may be given to partners or families regarding care needs. However, research suggests that the
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This was largely linked to an ageing population with increasing needs (Curry, 2006). The implementation of the National Health Service and Community Care Act (1990) allowed the Conservative government to gain control of public expenditure by contracting services to the independent sector. Currently, the independent/voluntary sector supply 84% of the delivery of home-care (Kendall, 2003)

To help an older adult to achieve their chosen lifestyle, the independent sector can offer more choice and flexibility. However, often due to the nature of private care, a high staff turnover rate has been reported and voluntary care does not always have to abide by contracts or regulatory control (Kendall, 2003). As high profile cases have demonstrated, older people in residential care and hospitals have been subject to mistreatment, so regulatory control does not always guarantee that they are safeguarded. Nevertheless, independent services have many advantages. For example, they may not be constrained by statutory procedures, can be specialist in their field and many voluntary services play an active part in the community (Kendall,

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