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Introduction to CTO Recall: Part 2

In the second article in a two-part series, Clementine Robertshaw analyses some of the challenges that the recall process for community treatment orders can bring.

News headlines

Jun 21, 2018

Council criticised for failure to take into account health conditions of tenant

The Local Government & Social Care Ombudsman (LGO) has criticised a London borough for failing to take into account a man’s life-threatening health conditions – despite receiving letters from his specialists – when it decided the type of homes for…
Jun 12, 2018

Council fears over ability to meet statutory duty on adult care market stability

More than three quarters (78%) of councils responsible for adult social care are concerned about their ability to meet the statutory duty to ensure care market stability, the annual budget survey by the Association of Directors of Adult Social…
Jun 12, 2018

Use of Streams app lawful and compliant with data protection laws, insists NHS trust

An independent audit carried out by law firm Linklaters for the Royal Free London NHS Foundation Trust (RFL) has concluded that the trust’s use of Streams, an app intended to deliver improved care to patients with acute kidney injury (AKI), is…
Jun 06, 2018

High Court to hear challenge to PSPO creating safe zone near abortion clinic

The High Court is due today (Thursday) to hear a challenge to a council’s use of a Public Spaces Protection Order (PSPO) to control activities in a 'safe zone' around an abortion clinic.
Jun 05, 2018

Judge rejects legal challenge over NHS decision on homeopathic medicines

A High Court judge has rejected the British Homeopathic Association’s judicial review challenge to a NHS England (NHSE) consultation and subsequent guidance that homeopathy should not routinely be prescribed in primary care.
May 31, 2018

CCGs review NHS Continuing Healthcare policies after legal threat from watchdog

Thirteen NHS clinical commissioning groups have agreed to review their NHS Continuing Healthcare policies following the threat of legal action by the Equality and Human Rights Commission.
May 30, 2018

Ombudsman raps council over cuts to support given to man with special needs

The Local Government and Social Care Ombudsman has criticised the London Borough of Bromley after it significantly reduced the support package provided to a man with special needs.
May 29, 2018

Campaign group in legal action over changes to local hospital services

Campaigners in the North East have applied for a judicial review of a decision by two clinical commissioning groups (CCGs) to approve the removal of certain services from a local hospital.

Features and analysis

Learning from poorly drafted contracts

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A Court of Appeal ruling in a contract dispute involving a NHS trust highlights the importance of parties having a shared understanding of what is being agreed, write Justin Mendelle and Tola Odedoyin.

Protection for disabled staff

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In a high-profile case where a teacher was dismissed for showing an 18 rated film to 15- and 16-year olds, the Court of Appeal has given guidance on the meaning of section 15(1) Equality Act 2010, write Ben Cooper QC and Angharad Davies.

Exaggerated negligence claims

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A claimant was recently held in contempt of court for grossly exaggerating a negligence claim against an NHS trust. Lucy Eastwood explains why.

Social value and public procurement

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LexisPSL Local Government discusses when and how local government procurement officers should consider the application of the Public Services (Social Value) Act 2012 to procurement decisions.

The Government on deprivation of liberty

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In an article for LexisPSL Local Government, Ben Troke, partner at Browne Jacobson LLP, discusses the government’s proposals in relation deprivations of liberty and assesses whether they go far enough.

Approaches to determining care budgets

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Jonathan Auburn looks at the lessons to be learned from an Ombudsman report into the way a council calculated an individuals's care under the Care Act.

DPIAs: when and how?

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Ibrahim Hasan looks at how data controllers can comply with the obligation to produce data protection impact assessments.

Time extension and ACAS EC

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In a case involving a borough council the Employment Appeal Tribunal has endorsed the sequential approach to time extension for ACAS EC (early conciliation), report Craig Ludlow and Sarah Bowen.

Older articles

Jun 08, 2018

Learning from poorly drafted contracts

A Court of Appeal ruling in a contract dispute involving a NHS trust highlights the importance of parties having a shared understanding of what is being agreed, write Justin Mendelle and Tola Odedoyin.
Jun 06, 2018

High Court to hear challenge to PSPO creating safe zone near abortion clinic

The High Court is due today (Thursday) to hear a challenge to a council’s use of a Public Spaces Protection Order (PSPO) to control activities in a 'safe zone' around an abortion clinic.
Jun 05, 2018

Judge rejects legal challenge over NHS decision on homeopathic medicines

A High Court judge has rejected the British Homeopathic Association’s judicial review challenge to a NHS England (NHSE) consultation and subsequent guidance that homeopathy should not routinely be prescribed in primary care.
May 31, 2018

CCGs review NHS Continuing Healthcare policies after legal threat from watchdog

Thirteen NHS clinical commissioning groups have agreed to review their NHS Continuing Healthcare policies following the threat of legal action by the Equality and Human Rights Commission.
May 30, 2018

Ombudsman raps council over cuts to support given to man with special needs

The Local Government and Social Care Ombudsman has criticised the London Borough of Bromley after it significantly reduced the support package provided to a man with special needs.
May 29, 2018

Campaign group in legal action over changes to local hospital services

Campaigners in the North East have applied for a judicial review of a decision by two clinical commissioning groups (CCGs) to approve the removal of certain services from a local hospital.
May 29, 2018

Campaign group in legal action over changes to local hospital services

Campaigners in the North East have applied for a judicial review of a decision by two clinical commissioning groups (CCGs) to approve the removal of certain services from a local hospital.
May 25, 2018

Social value and public procurement

LexisPSL Local Government discusses when and how local government procurement officers should consider the application of the Public Services (Social Value) Act 2012 to procurement decisions.
May 25, 2018

Exaggerated negligence claims

A claimant was recently held in contempt of court for grossly exaggerating a negligence claim against an NHS trust. Lucy Eastwood explains why.
May 25, 2018

GDPR: updating privacy notices

Are you caught in a last minute rush to update your privacy notice to comply with the forthcoming General Data Protection Regulation (GDPR)? Ibrahim Hasan considers what is involved.
May 25, 2018

Reviewing your workplace dress code

Emma Ahmed looks at the key points from recent government guidance on workplace dress codes.
May 24, 2018

Medical centre fined £35k for abandoning sensitive information in empty building

A medical centre in London has been served with a £35,000 monetary penalty by the Information Commissioner’s Office after it left “highly sensitive” medical information in an empty building.
May 23, 2018

Government spent £200m+ on inquiries but their impact is unclear: watchdog

The government has spent more than £200m on completed inquiries since 2005, but without it being obvious what if any action has resulted from their findings.
May 18, 2018

The Government on deprivation of liberty

In an article for LexisPSL Local Government, Ben Troke, partner at Browne Jacobson LLP, discusses the government’s proposals in relation deprivations of liberty and assesses whether they go far enough.
May 18, 2018

The Government on deprivation of liberty

In an article for LexisPSL Local Government, Ben Troke, partner at Browne Jacobson LLP, discusses the government’s proposals in relation deprivations of liberty and assesses whether they go far enough.
May 18, 2018

Approaches to determining care budgets

Jonathan Auburn looks at the lessons to be learned from an Ombudsman report into the way a council calculated an individuals's care under the Care Act.
May 18, 2018

DPIAs: when and how?

Ibrahim Hasan looks at how data controllers can comply with the obligation to produce data protection impact assessments.
May 18, 2018

Time extension and ACAS EC

In a case involving a borough council the Employment Appeal Tribunal has endorsed the sequential approach to time extension for ACAS EC (early conciliation), report Craig Ludlow and Sarah Bowen.
May 17, 2018

Judge calls for LGA and NHS urgently to devise mechanism for resolving disputes

A High Court judge has urged the Local Government Association and the National Health Service to devise a mechanism by which funding disputes between councils and health bodies can be resolved without resort to expensive legal proceedings.
May 11, 2018

Variation of contracts and lack of protest

A city council recently lost a Court of Appeal battle over whether several hundred of its employees were entitled to incremental pay increases from 2011 to 2013. Craig Ludlow and Sarah Bowen analyse the ruling.

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