Masthead Local Govt - Adult Social

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Aftercare services and restitution claims

Jonathan Auburn analyses an important Court of Appeal ruling on restitution claims for a failure to pay for aftercare services.

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.
Dec 07, 2017

Council defeats High Court challenge over care home fees increase

Essex County Council has successfully defended a judicial review challenge to the fees it proposed paying to operators of care homes.
Nov 21, 2017

Councils face potential litigation over “lax procedures” on heir hunting: claim

Councils could be exposing themselves to litigation risks by cutting corners when they appoint genealogy researchers or so-called ‘heir hunters’, it has been claimed.
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 03, 2017

Council loses appeal over after-care services and personal injury damages

Manchester City Council has lost an appeal over whether a person who has been compulsorily detained in a hospital for mental disorder under the Mental Health Act 1983 and has then been released from detention but still requires "after-care services"…

Features and analysis

Decisions on care home fees

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The High Court recently rejected a judicial review challenge to a council's decision on care home fees. Claire Booth explains why.

Bonds, liabilities and the CoP

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The Court of Protection team at 39 Essex Chambers look at a local authority's attempt to have part of a bond held by a mother and deputy called in.

Limitation periods and care home fees

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A High Court ruling has provided important clarity for local authorities on limitation periods and care home recovery, writes Jonathan Auburn.

Safeguarding and the Court of Protection

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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.

Older News and Features

Oct 17, 2017

London borough loses ordinary residence battle with neighbouring authority

The London Borough of Barking & Dagenham has lost an appeal in which it argued that it should not be responsible for an autistic man’s care because at the time in question he was resident in neighbouring Redbridge.
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

Councils secure High Court order for disposal of ashes of Ian Brady

Two local authorities have secured an order that the body of Ian Brady, one of the Moors Murderers, should be decently disposed of without delay.
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.
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.
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 25, 2017

Ex-employee of adult care department fined for taking personal data

A former employee of Leicester City Council’s adult social care department has been fine for unlawfully obtaining personal data.
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 15, 2017

When is one drink too many?

A resident of a 'dry' care home who wanted to leave and consume alcohol recently sought to challenge his deprivation of liberty. The Court of Protection team at 39 Essex Chambers look at the outcome.
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 31, 2017

Court summons social services director over accommodation failure

The London Borough of Southwark’s social services director has been ordered to appear before a judge after the council could find no suitable accommodation available for a teenager described as “troubled and dangerous”.
Aug 30, 2017

Emphasis on processes rather than outcomes undermining disabled rights: report

Actions by local authorities and the NHS have aggravated the negative affects on disabled people of government policies, a coalition of deaf and disabled people’s organisations has said.
Aug 29, 2017

Decision by BUPA to sell some care homes to another operator “unlawful”, says council

BUPA’s plans to sell some of its care homes to another operator, HC-One, are unlawful and could be subject to legal challenge, the leader of Powys County Council has claimed.
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

Court approves £10k settlement over delays in providing sex education

The Court of Protection has approved a £10,000 damages settlement plus costs to a man with Down's Syndrome and an associated learning difficulty over delays in the provision of sex education.
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”.
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.

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