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Safeguarding and the Court of Protection

Safeguarding issues frequently underpin or arise in welfare proceedings in the Court of Protection. LexisPSL Local Government, in partnership with Alex Ruck Keene, Michelle Pratley and the Legal Action Group, set out the key considerations.

News headlines

Dec 18, 2017

Court of Appeal refuses to strike out restitutionary s.117 after-care claim

A local authority and a clinical commissioning group have failed to convince the Court of Appeal that a restitutionary claim for payment of after-care services should be struck out as an abuse of process.
Nov 20, 2017

Councils, providers implement 1,300+ recommendations on adult social care: LGO

Councils and care providers implemented more than 1,300 recommendations in relation to adult social care in 2016/17, the Local Government and Social Care Ombudsman’s annual review of complaints in the area has revealed.
Oct 24, 2017

LGO urges councils to address problems with education, health and care plans

Families of children with special educational needs can face a “disproportionate burden” to get the support they need, the Local Government and Social Care Ombudsman has said.
Oct 23, 2017

Council wins appeal over residential care payments and revenue streams

The Court of Appeal has allowed a council’s appeal over whether it could lawfully take into account three revenue streams – private fees, top up payments and NHS payments – when making an evaluative judgement of what it would expect to pay for…
Oct 13, 2017

Sixteen councils fined for delayed transfers of care in 2016/17: ADASS research

Some 16 councils were fined for delayed transfers of care in 2016/17, with individual fines as high as £280,540, research by the Association of Directors of Adult Social Services (ADASS) has revealed.

Features and analysis

After-care services and PI damages

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The Court of Appeal has ruled that a personal injury award cannot be considered when making provision for after-care services. Morris Hill looks at the reasoning.

Court of Protection case law update

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Ben Troke and Rebecca Fitzpatrick round up the latest key cases in the Court of Protection.

Inherently problematic?

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A High Court ruling has raised significant issues around capacity thresholds, the inherent jurisdiction and autonomy, writes Alex Ruck Keene.

Deputyships and outsourcing

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The Court of Protection recently considered an application to revoke a number of deputyships in place through a council's outsourcing arrangement and whether the borough could recover its costs. The COP team at 39 Essex Chambers reports.

Older articles

Sep 28, 2017

Deputyships and outsourcing

The Court of Protection recently considered an application to revoke a number of deputyships in place through a council's outsourcing arrangement and whether the borough could recover its costs. The COP team at 39 Essex Chambers reports.
Sep 21, 2017

Judge rules council and CCG not required to fund visits of mother

Central Bedfordshire Council and North Norfolk Clinical Commissioning Group need not meet the travelling expenses of a woman who makes a lengthy weekly trip to see her son in a mental hospital.
Sep 15, 2017

A significant decision on Care Act assessments

The High Court recently quashed a local authority’s Care Act assessment and related decisions. Alistair Cantor analyses the ruling.
Sep 07, 2017

Ombudsman criticises council for errors in children’s complaints handling

The Local Government and Social Care Ombudsman (LGO) has criticised a London borough after two brothers with learning difficulties saw their care and support packages reduced without their mother being told why.
Sep 07, 2017

The Court of Appeal on the Care Act 2014

The Court of Appeal has for the first time examined the provisions of the Care Act 2014. Andrew Sharland analyses the ruling.
Sep 04, 2017

Court of Appeal finds for council in first appeal on Care Act 2014 provisions

The Court of Appeal has dismissed a severely disabled man’s appeal over a decision by a county council to reduce his personal budget from £1,651 per week to £950 per week and to revise his care and support plan.
Aug 23, 2017

LGO cites important learning points on commissioning after separation of couple

A case where a married couple were separated for 10 months due to a lack of available homecare “provides important learning points for councils changing how they commission care”, the Local Government and Social Care Ombudsman has said.
Aug 22, 2017

Cafcass and ADCS withdraw agreement over collaboration in care proceedings

A controversial agreement between the Association of Directors of Children’s Services and Cafcass over children’s care proceedings has been scrapped.
Aug 09, 2017

Council rapped over procedural failings with banning of man from care home

A man was banned from visiting his partner’s mother in her care home when Nottinghamshire County Council failed to go through the correct procedures, the Local Government and Social Care Ombudsman (LGO) has found.
Aug 09, 2017

Woman with autoimmune disorder wins legal action over assessment

A woman who suffers an autoimmune disorder should have been considered vulnerable when assessing her need for help with homelessness, a judge at Central London County Court has ruled.
Aug 02, 2017

Councils win Supreme Court appeal over funding of nurses in social care

Welsh local authorities have won a Supreme Court dispute with NHS bodies over responsibility for paying for the work done by registered nurses in social rather than health care settings.
Jul 19, 2017

Ombudsman slams failures on decision-making for those lacking mental capacity

Some councils and care providers do not properly understand the processes for making decisions on behalf of people who lack mental capacity, the Local Government and Social Care Ombudsman (LGO) has said in a report.
Jul 07, 2017

Legal and reputational risks to councils in adult social care growing, lawyers say

The legal and reputational risks to councils in relation to adult social care are growing, a survey of lawyers carried out by Local Government Lawyer in association with LexisNexis has revealed.
Jul 07, 2017

Judge quashes Care Act assessment and decision

A Deputy High Court judge has quashed a London borough’s Care Act assessment for a man with autism spectrum disorder and severe learning difficulties.
Jun 29, 2017

Professional differences and safeguarding

Deborah Jeremiah looks at the important role escalation processes play in safeguarding children and young people.
Jun 22, 2017

Council agrees £2k payout over mental capacity assessment delays

Warwickshire County Council has agreed to pay a man who suffered a stroke £2,000 over delays in carrying out mental capacity assessments and not considering fully all the options available to him.
Jun 19, 2017

Council criticised after care home charges for care it could not show it provided

The Local Government and Social Care Ombudsman (LGO) has criticised a council after a care home it contracted with charged a vulnerable dementia patient for care it could not prove it had provided.
Jun 14, 2017

Ombudsman criticises council for “systemic fault” in care home charging policy

The Local Government and Social Care Ombudsman has criticised a council for a “systemic fault” in its charging policy for care homes that could have affected a number of people in its area.
Jun 09, 2017

The role of the Care Quality Commission

LexisNexis Local Government, in partnership with Tim Spencer-Lane, sets out the role, powers and functions of the Care Quality Commission (CQC).
Jun 07, 2017

Company directors and staff sentenced over abuse of care home residents

Four company directors and nine employees have been sentenced in relation to the abuse of vulnerable residents at care homes in Devon for residents with significant learning difficulties.

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