Are Judicial Approaches to Adult Social Care at a Dead-End?

Carr, Helen and Hunter, C. (2012) Are Judicial Approaches to Adult Social Care at a Dead-End? Social & Legal Studies, 21 (1). pp. 73-92. ISSN 0964-6639. (The full text of this publication is not available from this repository)

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Official URL
http://dx.doi.org/10.1177/0964663911421948

Abstract

This article examines the limits of law to resolve or transform the contemporary dilemmas provoked by the provision of social care to adults in the UK. It juxtaposes the judgments in two cases, each of which interrogates the legal consequences of the mixed economy of care: the majority and minority opinions of the House of Lords in YL v Birmingham City Council (2007) and the Care Standards Tribunal decision in Alternative Futures v National Care Standards Commission (2002). We read the opinions/decisions as narratives that tell a variety of stories reconciling the different roles of law, the state, the family and the individual in the provision of care. Drawing upon David Scott’s concern with ‘the conceptual problem of political presents and with how reconstructed pasts and anticipated futures are thought out in relation to them’ (2004: 1), we seek to examine legal responses to the contractions and mutations of social welfare.

Item Type: Article
Uncontrolled keywords: adult social care; citizens; commodification; human rights; problem spaces; the market; the state welfare
Subjects: K Law
Divisions: Faculties > Social Sciences > Kent Law School
Depositing User: Jenny Harmer
Date Deposited: 08 Aug 2012 10:39
Last Modified: 10 Aug 2012 08:48
Resource URI: http://kar.kent.ac.uk/id/eprint/30058 (The current URI for this page, for reference purposes)
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