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Masthead Healthcare Social Services

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Ordinary residence and impaired capacity

The Court of Protection team at 39 Essex Chambers examine some recent 'ordinary residence' disputes in relation to those with impaired capacity.

News headlines

Jul 10, 2018

Government wins legal battle over accountable care organisations and the NHS

The Health Secretary has the power to create the new accountable care organisations (ACO) within the NHS and changes in events meant that a proper consultation would now proceed, the High Court has ruled.
Jul 04, 2018

Government introduces legislation in bid to replace Deprivation of Liberty Safeguards

The Government has this week (3 July) introduced the Mental Capacity (Amendment) Bill to the House of Lords as it seeks to replace the ‘Deprivation of Liberty Safeguards’ (DoLs).
Jun 28, 2018

Ombudsman raps council for ‘copying and pasting’ earlier needs assessment

The Local Government & Social Care Ombudsman has criticised a London borough for relying heavily on a report of a woman’s needs which had been carried out some months previously.
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…

Features and analysis

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.

Capacity and vulnerability

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The Court of Protection team at 39 Essex Chambers report on a case involving a complex and very personal cocktail of capacity and vulnerability.

Case management and apparent bias

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A recent Court of Protection judgment is a salutary warning on the dangers of judges giving early indications of the conclusions they are like to reach. The CoP team at 39 Essex Chambers reports.

Older articles

Apr 27, 2018

Capacity and vulnerability

The Court of Protection team at 39 Essex Chambers report on a case involving a complex and very personal cocktail of capacity and vulnerability.
Apr 26, 2018

NICE defends guidance on spotting injuries to babies after criticism from researchers

The National Institute for Clinical Excellence (NICE) has defended its guidance on spotting injuries to babies after criticism from researchers on television.
Apr 20, 2018

Case management and apparent bias

A recent Court of Protection judgment is a salutary warning on the dangers of judges giving early indications of the conclusions they are like to reach. The CoP team at 39 Essex Chambers reports.
Apr 13, 2018

Principles for reforming social care

Will Jeremy Hunt's principles for social care reform be a game changer for the sector? Stuart Marchant analyses the Health and Social Care Secretary's proposed approach.
Apr 04, 2018

Official Solicitor loses bid for costs over withdrawn deprivation of liberty test cases

The Official Solicitor has failed in a bid to recover costs in the Court Of Protection from a clinical commissioning group that withdrew test cases aimed at seeking clarification of the law concerning the deprivation of liberty of mentally…
Mar 29, 2018

The choice for P in practice

The Court of Protection team at 39 Essex Chambers examine a judge's ruling over whether a stroke victim should stay in a care home near two of her children or be moved outside the area to her daughter-in-law's home and close to other family members.
Mar 23, 2018

Care proceedings and medical treatment

The Court of Protection team at 39 Essex Chambers examines recent comments by the President of the Family Division on care proceedings and the medical treatment of children.
Mar 21, 2018

Government to legislate for replacement of Deprivation of Liberty Safeguards

The government has said this month that it broadly agrees with the Liberty Protection Safeguards model proposed by the Law Commission to replace the Deprivation of Liberty Safeguards.
Mar 08, 2018

Immunisations for children in care

Sarah Fahy considers the correct approach to be taken when it comes to immunisations for children in care.
Mar 02, 2018

Between health and social care

A clinical commissioning group last month lost a judicial review challenge brought over its decision to withdraw £600,000 in funding for a respite centre for disabled children. Andrew Sharland QC explains why.
Feb 16, 2018

Fluctuating capacity and care planning

The Court of Protection recently examined fluctuating capacity and how to address future uncertainties of care planning in a section 21A appeal. Emma Sutton and Rebecca Evan-Williams explain the outcome.
Feb 14, 2018

High Court dismisses legal action over alleged failure in care plans

The High Court has dismissed a judicial review brought against North East Lincolnshire Council over whether it should pay for past alleged failures in care plans for CP, a 22-year-old woman with complex and multiple disabilities which require…
Feb 09, 2018

Confinement and children

The Family President has pronounced upon two key issues in relation to deprivation of liberty and children. Alex Ruck Keene analyses the judge's ruling.
Jan 30, 2018

London borough withdraws foster care threat in hospital care plan row

The London Borough of Croydon has withdrawn a threat to take a sick child into care because her parents rejected a hospital’s proposed care plan.
Jan 26, 2018

Personal injury awards and care costs

A High Court judge has backed the Local Government and Social Care Ombudsman’s decision on the ‘double recovery’ of care costs. Virginia Cooper explains why.
Jan 25, 2018

Court rejects challenge to LGO finding on personal injury awards and care needs

The High Court has rejected as “totally without merit” a challenge brought by a council to a finding by the Local Government and Social Care Ombudsman (LGO) that the authority could not take into account a woman’s personal injury award when carrying…
Jan 18, 2018

Think long and hard before care proceedings in medical treatment rows: Munby

Local authorities need to think long and hard before embarking upon care proceedings against “otherwise unimpeachable” parents embroiled in disputes about the medical treatment and support of a child, the President of the Family Division has said.
Jan 08, 2018

Javid stays as Secretary of State but with housing given higher profile

Sajid Javid has retained his role in today’s Cabinet reshuffle, but will now be known as the Secretary of State for Housing, Communities and Local Government.
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.
Dec 08, 2017

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.

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