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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.

News headlines

May 02, 2018

Ombudsman warns councils on timescales for Education, Health and Care plans

The Local Government and Social Care Ombudsman has criticised Cornwall Council for the way it carried out the transfer of a boy’s Statement of Special Educational Needs (Statement) to an Education, Health and Care (EHC) plan.
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 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Official Solicitor loses bid for costs over withdrawn deprivation of liberty test cases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 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.
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…

Features and analysis

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.

Principles for reforming social care

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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.

Older articles

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.
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.
Nov 10, 2017

After-care services and PI damages

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.
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 20, 2017

Court of Protection case law update

Ben Troke and Rebecca Fitzpatrick round up the latest key cases in the Court of Protection.
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.
Oct 13, 2017

Inherently problematic?

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

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