Community Care,Occupational Therapists and the Law

Abstract

Occupational therapists in social services departments increasingly risk having their decisions challenged. This is due to the growing gap between people's needs for community care and available resources, and to a culture of complaint.

The work of occupational therapists is bounded by complex community care legislation, an accompanying mass of guidance, judicial review by the law courts and investigations by the local ombudsmen. Various problems flow from the clash between the day-to-day demands made on therapists and legal and administrative rules. Awareness of the law is desirable but is achieved only with difficulty, given uncertainties in the legislation. The Court of Appeal's recent ruling – that the assessment of disabled people's needs cannot be influenced by resources – might increase demands for services but might also provoke local authorities into adopting defensive practices. In any case, legally, the Judgement of professionals such as occupational therapists remains central to decisions about the needs of people with disabilities.

The article concludes that legal awareness will assist occupational therapists to achieve a balance between acting legally, carrying out their duty as employees, assisting clients, maintaining standards of professional conduct, staying within resources – and protecting themselves from unpleasant and time-consuming disputes.