Manual Handling in Health and Social Care, Second Edition: An A-Z of Law and Practice
Manual Handling in Health and Social Care is written for all those involved in the manual handling of adults or children - including those carrying it out, assessors, managers and commissioners.

It lays out the current legal requirements in a non-technical way and includes case studies illustrating the law applied in practice, across health, social care and sometimes educational settings. The book applies to England, Scotland, Wales and Northern Ireland. An extended introduction sets out challenges, past, present and future, including safety, balancing risk with duties to meet people's needs, human rights, avoidance of blanket policies, mental capacity, safeguarding, the limited resources of statutory services and single-handed care. It also considers some of the legal implications of increased use of technology (including remote assessment), as well as the "mechanisation" of care and its application to manual handling.

The main part of the book is in the form of an A-Z guide, providing quick access to relevant legislation and common law (negligence) rules applying to personal injury cases. It covers also, extensively, judicial review legal challenges to decisions, when people and their families disagree with manual handing decisions that have been made. In addition, relevant ombudsman cases are included.

The book will be essential reference for staff and managers in health and social care settings, students, legal professionals and all those working to ensure good practice and compliance with the law.

1137534500
Manual Handling in Health and Social Care, Second Edition: An A-Z of Law and Practice
Manual Handling in Health and Social Care is written for all those involved in the manual handling of adults or children - including those carrying it out, assessors, managers and commissioners.

It lays out the current legal requirements in a non-technical way and includes case studies illustrating the law applied in practice, across health, social care and sometimes educational settings. The book applies to England, Scotland, Wales and Northern Ireland. An extended introduction sets out challenges, past, present and future, including safety, balancing risk with duties to meet people's needs, human rights, avoidance of blanket policies, mental capacity, safeguarding, the limited resources of statutory services and single-handed care. It also considers some of the legal implications of increased use of technology (including remote assessment), as well as the "mechanisation" of care and its application to manual handling.

The main part of the book is in the form of an A-Z guide, providing quick access to relevant legislation and common law (negligence) rules applying to personal injury cases. It covers also, extensively, judicial review legal challenges to decisions, when people and their families disagree with manual handing decisions that have been made. In addition, relevant ombudsman cases are included.

The book will be essential reference for staff and managers in health and social care settings, students, legal professionals and all those working to ensure good practice and compliance with the law.

54.95 Out Of Stock
Manual Handling in Health and Social Care, Second Edition: An A-Z of Law and Practice

Manual Handling in Health and Social Care, Second Edition: An A-Z of Law and Practice

by Michael Mandelstam
Manual Handling in Health and Social Care, Second Edition: An A-Z of Law and Practice

Manual Handling in Health and Social Care, Second Edition: An A-Z of Law and Practice

by Michael Mandelstam

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Overview

Manual Handling in Health and Social Care is written for all those involved in the manual handling of adults or children - including those carrying it out, assessors, managers and commissioners.

It lays out the current legal requirements in a non-technical way and includes case studies illustrating the law applied in practice, across health, social care and sometimes educational settings. The book applies to England, Scotland, Wales and Northern Ireland. An extended introduction sets out challenges, past, present and future, including safety, balancing risk with duties to meet people's needs, human rights, avoidance of blanket policies, mental capacity, safeguarding, the limited resources of statutory services and single-handed care. It also considers some of the legal implications of increased use of technology (including remote assessment), as well as the "mechanisation" of care and its application to manual handling.

The main part of the book is in the form of an A-Z guide, providing quick access to relevant legislation and common law (negligence) rules applying to personal injury cases. It covers also, extensively, judicial review legal challenges to decisions, when people and their families disagree with manual handing decisions that have been made. In addition, relevant ombudsman cases are included.

The book will be essential reference for staff and managers in health and social care settings, students, legal professionals and all those working to ensure good practice and compliance with the law.


Product Details

ISBN-13: 9781849055581
Publisher: Jessica Kingsley Publishers
Publication date: 04/21/2021
Pages: 320
Product dimensions: 5.98(w) x 8.98(h) x 0.79(d)

About the Author

Michael Mandelstam provides independent legal training to local authorities, the NHS and voluntary organisations. In the past, he worked at the Disabled Living Foundation, a national voluntary organisation, and for a few years at the Social Services Inspectorate at the Department of Health. He holds postgraduate qualifications in law, information studies and the history of science and medicine.

Table of Contents

Note on terminology 15

Preface 17

1 Introduction 19

2 Background and overview 21

3 Manual handling: Changing times, changing law. 29

4 Legal framework for manual handling across the United Kingdom 41

5 A-Z list 47

A Adult protection, see Safeguarding adults 48

Agency workers, see Employees 48

Anderson case, see Manual Handling Operations Regulations 1992 48

Assault and battery 48

Assistive handling 49

B Balanced decision-making 51

Banned lifts, see Controversial lifts 56

Bariatric people 56

Blaming employees for injury 57

Blanket policies about manual handling 60

Brexit 62

Burden of proof and evidence 64

C Capability 65

Care Act 2014 68

Care agencies, see Health and care providers 73

Care homes, see Health and care providers 73

Care Quality Commission 73

Carers 76

Causation of injury 79

Child protection, see Safeguarding children 83

Children and Families Act 2014, see Schools 83

Colclough v Staffordshire case, see Instructions and information 83

Commissioning and contracting 83

Common law 85

Common sense in manual handling 85

Commons v Queen's Medical Centre case, see Cumulative strain 86

Compensation for persona! injury, see Damages 86

Competency, see Capability 86

Contracting for care, see Commissioning and contracting 86

Contributory negligence, see Negligence 86

Controversial lifts 86

Cooperation and coordination in a shared workplace, see Management of Health and Safety at Work Regulations 1999 88

Coronavirus 88

Cost-effectiveness, see Resources 90

COVID-19, see Coronavirus 90

Creep factor 90

Cumulative strain 92

Custom and practice 96

D Damages 105

Defective equipment 108

Degrading treatment, see Human rights 108

Deregulation Act 2015, see Self-employed people 108

Dignity 108

Direct payments HO

Disabled facilities grants, see Home adaptations 113

Discrimination 113

Documentation, see Recording 116

Double-handed care 116

E East Sussex case, see Human rights 117

East Sussex ombudsman case, see Maintenance of mobility and other functions 117

Education, see Children and Families Act 2014 117

Education, health and care plans, see Children and Families Act 2014 117

Egan case, see Reasonable practicability 117

Eggshell skull principle, see Causation of injury 117

Emergency situations 117

Employees 120

Employers 122

Enterprise and Regulatory Reform Act 2013, see Regulatory reform 122

Equality Act 2010, see Discrimination 123

Equipment 123

European Convention on Human Rights, see Human rights 128

European directive on manual handling, see Brexit; Manual Handling Operations Regulations 1992 128

Everyday tasks 128

Evidence, see Recording 129

F Factories Act 1961 130

Falling people 130

Fettering of discretion, see Blanket policies about manual handling 131

Foreseeability of risk 131

Foster Carers 138

Fundamental standards 139

G Good practice and law 142

Guidance 145

H Health and care providers 150

Health and Safety at Work Act 1974 150

Health and safety at work legislation 156

Health and Safety Executive 157

Health and Social Care Act (Regulated Activities) Regulations 2014, see Fundamental standards 157

Health care needs 158

Health Service Ombudsman 158

Heavy people; see Bariatric people 159

Hoists, see Equipment 159

Home adaptations 159

Housing Grants, Construction and Regeneration Act 1996 see Home adaptations 162

Human rights 162

I Ill treatment, see Wilful neglect and ill treatment 165

Illegal lifts, see Controversial lifts 165

Individual capability, see Capability 165

Informal carers, see Carers 165

Information, see Instructions and information 165

Injury from manual handling: consequences 165

Instructions and information 166

J Judicial review 169

K Killigrew case, see Needs of those being handled 171

King v Sussex Ambulance Service case, see Reasonable practicability 171

Knott v Newham case, see Custom and practice 171

Koonjul case, see Foreseeability of risk 171

L Legal remedies 172

Lewisham case, see Reduced carer handling 172

Lifting Operations and Lifting Equipment Regulations 1998 173

Limitation of legal actions, see Time limits for legal action 175

Loads 175

Local Government and Social Care Ombudsman 178

M Maintenance of mobility and other functions 180

Management of Health and Safety at Work Regulations 1999 182

Manslaughter 185

Manual Handling Operations Regulations 1992 186

McDonald case, see Dignity 197

Mechanisation 197

Mental Capacity Act 2005 198

N National Health Service legislation, see Health care needs 203

Needs of those being handled 203

Negligence 205

NHS continuing healthcare and manual handling 217

No-lifting policies 218

Northern Ireland 218

Nurses 219

O Occupational therapists 220

P Physiotherapists 221

Pre-existing musculoskeletal condition 221

Preferences 222

Private life, see Human rights 223

Provision and Use of Work Equipment Regulations 1998 224

Public services ombudsmen 229

R Reasonable practicability 230

Reasonableness 237

Reasonableness and reasonable practicability compared 238

Recording 240

Redbridge case, see Carers 242

Reduced carer handling 242

Refusal of care, see Withdrawing or restricting care 247

Regulatory reform 247

Rehabilitation 252

Resources 254

Restraint 255

Risk 260

Risk assessment 261

Robotics 270

Rough handling 272

S Safe systems of work, see Systems of work 274

Safeguarding adults 274

Safeguarding children 280

Salford case, see Recording 283

Scotland 283

Schools 283

Self-employed people 285

Senior mind 286

Single-handed care, see Reduced carer handling 287

Social care needs 287

Social workers 287

Staffing levels 288

Stainton case, see Assistive handling; Capability 291

Students 291

Supervision 291

Systems of work 292

T Therapeutic handling, see Maintenance of mobility and other functions-Rehabilitation 294

Time limits for legal action 294

Training 299

U Under-staffing, see Staffing levels 308

V Video evidence 309

W Wales 311

Welfare legislation, see Health care needs; Social care needs 311

Well-being, see Care Act 2014 311

Wilful neglect and ill treatment 311

Williams v Gwent Health Authority, see Custom and practice 314

Wishes and wants, see Preferences 314

Withdrawing or restricting care 314

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