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Masthead Housing Social Services

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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

Oct 05, 2017

Cost of welfare litigation in Court of Protection “may have chilling effect”: report

The cost to public authorities of welfare litigation in the Court of Protection “may have a chilling effect on their willingness to refer disputes to court where appropriate”, researchers have said.
Aug 17, 2017

Council to review homelessness procedures after disabled woman “left in limbo”

A borough council has agreed to review its homelessness procedures after a Local Government and Social Care Ombudsman investigation into how a disabled woman was “left in limbo”.
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 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.

Features and analysis

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.

The continuing duty under s.17 CA

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Natalie Connor examines a recent Administrative Court ruling on whether a council had complied with its duty under s.17 Children Act 1989.

The role of the Care Quality Commission

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

Capacity to deal with land

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LexisPSL Local Government, in partnership with Rebecca Sharpe of RJR Legal Ltd, examine the options where a legal owner lacks mental capacity to deal with land.

Older articles

May 25, 2017

Major care home providers refuse to sign contract with council in fees row

Northumberland County Council is in dispute with a local group of care homes over fee levels, affecting more than half its care places.
May 12, 2017

At the limits of best interests

In a trilogy of judgments, a judge made findings of fact, determined mental incapacity, and made best interests decisions on behalf of a lady in her 60s with cerebral palsy. The Court of Protection team at 39 Essex Chambers reports.
Apr 20, 2017

Children, consent and Article 5

The Court of Protection team at 39 Essex Chambers examine the outcome of a council's application for authorisation of a 15-year-old boy's deprivation of liberty in a residential unit.
Apr 11, 2017

County council faces judicial review challenge over care home fee rates

Care England, the largest representative body for independent providers of adult social care, has secured permission to proceed with judicial review proceedings against Essex County Council challenging the fee rates it pays to independent care home…
Mar 30, 2017

Top-ups for council and CCG fees

Jonny Landau examines the issues for care home providers, local authorities and clinical commissioning groups in relation to topping up fees.
Feb 08, 2017

Croydon launches POCA claim against benefits fraudster

The London Borough of Croydon has initiated proceeds of crime proceedings against Angel Jackson, a benefits fraudster who was sentenced to seven years imprisonment in November.
Jan 31, 2017

Underfunding will make it impossible to meet Care Act legal duties, councils warn

The Care Act will fail unless the Government announces new money for social care, the Local Government Association has claimed.
Jan 26, 2017

Judge rules human rights claim against council out of time

A man who claimed Tameside Metropolitan Borough Council breached his human rights cannot pursue his case because of the length of time taken to launch the action, the High Court has ruled.
Jan 26, 2017

Tackling bed blocking

With a hospital recently forced to obtain a court order to evict a patient, Kiran Bhogal, Emma Stockwell and Joanna Trewin consider the legal issues around bed blocking.
Jan 26, 2017

Dismissing or withdrawing?

The Court of Protection team at 39 Essex Chambers consider the first reported judgment to consider the new Rule 87A on obtaining the court's permission to withdraw proceedings.
Jan 19, 2017

Unaccompanied asylum-seeking children

Ken Slade and Morris Hill examine local authorities’ statutory obligations around the complex and highly-sensitive issue of unaccompanied asylum-seeking children.
Jan 12, 2017

Applications to the Court of Protection

When is an application to the Court of Protection under s.21A of the Mental Capacity Act required? Baker J has answered this question and provided practical guidance. Claire Leonard reports.
Jan 12, 2017

The Care Act and accommodation

The High Court has confirmed that a need for accommodation alone does not amount to a need for care and support under the Care Act 2014. Eleanor Sibley examines the ruling.
Jan 06, 2017

LGO criticises council after woman left severely malnourished in care home

The Local Government Ombudsman has sharply criticised a council and urged it to pay £4,000 after a vulnerable dementia patient lost a third of her body weight while living in the care home it contracted to look after her.
Jan 05, 2017

Age assessments and dental development

The Upper Tribunal has given general guidance on the use of evidence of dental development in age assessment cases. Joshua Swirsky explains the ruling.
Dec 02, 2016

The meaning of 'ordinary residence'

LexisPSL Local Government, in partnership with Jonathan Auburn of 11KBW, discuss the meaning of and tests for ‘ordinary residence’.
Dec 02, 2016

DoLS and public protection

Alex Ruck Keene examines a judgment highlighting the tensions inherent in depriving someone of their liberty in reliance upon Schedule A1 where the primary reason is not to safeguard them against harm but the public against harm.
Nov 30, 2016

Ombudsman takes council to task over care fees and personal injury damages

The Local Government Ombudsman (LGO) has asked St Helens Metropolitan Borough Council to reconsider its response to a report that followed a complaint about a disabled man’s care.
Nov 25, 2016

Participation of P

The Court of Protection team at 39 Essex Chambers and Nicola Mackintosh QC examine a recent case on the participation of P in proceedings before the CoP.
Nov 10, 2016

Ombudsman sees 25% increase in complaints about home care for vulnerable

The Local Government Ombudsman has seen a 25% increase in complaints about home care for vulnerable people in England.


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