Skip to main content

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

Carr, Helen, Hunter, Caroline (2012) Are Judicial Approaches to Adult Social Care at a Dead-End? Social and Legal Studies, 21 (1). pp. 73-92. ISSN 0964-6639. (doi:10.1177/0964663911421948) (The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided) (KAR id:30058)

The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided. (Contact us about this Publication)
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
DOI/Identification number: 10.1177/0964663911421948
Uncontrolled keywords: adult social care; citizens; commodification; human rights; problem spaces; the market; the state welfare
Subjects: K Law
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
Depositing User: Jenny Harmer
Date Deposited: 08 Aug 2012 10:39 UTC
Last Modified: 16 Feb 2021 12:41 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/30058 (The current URI for this page, for reference purposes)
Carr, Helen: https://orcid.org/0000-0001-8025-1288
  • Depositors only (login required):