Central government policy emphasises increasingly the importance of users of services having choice and control in health and social care. The policy, particularly in social care, is known as ‘personalisation’. The Department of Health explains this as a move away from the traditional welfare state to a consumer-type model of service provision. The policy is Janus faced. It undoubtedly has the potential to improve the quality of people's lives and to give occupational therapists the opportunity to use their skills and expertise. Equally, it comes with pitfalls carrying the potential to erode people's statutory rights to services and also to alter and possibly threaten the role of professionals.
AhmedM (2009) ‘Older people receive less money than young adults’. Community Care, 21 May, 8.
2.
Association of Directors of Adult Social Services (2009) Personalisation and the law: implementing Putting People First in the current legal framework. London: ADASS.
3.
BennettJ (2009) Elderly left at risk by NHS bidding wars to find cheapest care with reverse auctions. The Times, 1 June.
4.
Chronically Sick and Disabled Persons Act (1970) London: HMSO.
5.
College of Occupational Therapists (2005) College of Occupational Therapists' Code of ethics and professional conduct. London: COT, para 2.1.
6.
Commission for Local Administration in England (2008) Report on an investigation into complaint no 07/B/07665 against Luton Borough Council. Coventry: CLAE.
7.
Commission for Social Care Inspection (2008) The state of social care in England 2006–07. London: CSCI, p6.
8.
Department of Health (2007a) Putting people first: a shared commitment to the transformation of adult social care. London: DH.
9.
Department of Health (2007b) Independence, choice and risk. London: DH, para 2.26.
10.
Department of Health (2008) LAC(DH) (2008)1. Transforming social care. London: DH.
11.
Department of Health (2009a) LAC(DH) (2009)1. Transforming social care. London: DH.
12.
Department of Health (2009b) Personalisation toolkit. Available at: http://www.dhcarenetworks.org.uk/Personalisation/PersonalisationToolkit/ Accessed on 18.05.09. (The terminology associated with personalisation is explained and discussed within various documents to be found on this website.)
Department of Health (2009g) Guidance on direct payments for community care, services for carers and children's services. London: DH, paras132–34.
18.
Health Act (2009) London: TSO.
19.
House of Commons Health Committee (2010) Social care: third report of sessions 2009–2010. HC 22-I. London: TSO.
20.
Law Commission (2010) Adult social care: a consultation paper. London: LC, para 4.41.
21.
Local Government Act (1974) London: HMSO.
22.
MandelstamM (2009) Community care practice and the law. 4th ed. London: Jessica Kingsley, ch. 3.
23.
NHS and Community Care Act (1990) London: HMSO.
24.
R(B) v Cornwall County Council [2009] EWHC491 (Admin).
25.
R(JL) v Islington London Borough Council [2009] EWHC458 (Admin). Available at: http://www.lawtel.com/content/ Accessed on 18.05.09.
26.
R(Savva) v Royal Borough of Kensington and Chelsea [2010] EWHC414 (Admin).
27.
WanlessD (2006) Securing good care for older people: taking a long term view. London: King's Fund.
28.
WinchcombeMMandelstamM (2006) Getting on with our lives? A study of the experiences of people who require equipment for independent living. Manchester: Disabled Living.
