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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 17, 2018

Judge calls for LGA and NHS urgently to devise mechanism for resolving disputes

A High Court judge has urged the Local Government Association and the National Health Service to devise a mechanism by which funding disputes between councils and health bodies can be resolved without resort to expensive legal proceedings.
Apr 30, 2018

Councils cannot cap personal budgets under Care Act, Ombudsman warns

Councils cannot set maximum budget levels when calculating the cost of people’s care, the Local Government and Social Care Ombudsman (LGO) has said following an investigation into a council that had a policy of placing people into bands, and paying…
Apr 17, 2018

Ombudsman warns councils not to charge for first six weeks of intermediate care

Councils cannot charge people for the first six weeks of intermediate care, the Local Government and Social Care Ombudsman has warned, following an investigation into a complaint about North Somerset Council.
Apr 17, 2018

Serjeants’ Inn bolsters Court of Protection team with Sutton arrival

Serjeants’ Inn has bolstered its Court of Protection and public and administrative law teams with the arrival of Emma Sutton.
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Official Solicitor loses bid for costs over withdrawn deprivation of liberty test cases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…

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.

Funding continuing care

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A judge has confirmed that a clinical commissioning group has no legal power to fund a continuing care patient for whom it had no statutory responsibility. David Lock QC explains why.

Older News and Features

Mar 16, 2018

Appointeeship under scrutiny

The Court of Protection team at 39 Essex Chambers consider a recent Upper Tribunal case on the naming of a woman's social security appointee.
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 02, 2018

Restraining publication of CQC reports

Jonathan Auburn examines a care provider’s bid to obtain an injunction restraining publication of a Care Quality Commission report.
Feb 01, 2018

Council to review its procedures after LGO criticism in deprivation of assets case

A county council has agreed to review its procedures and guidance for staff on how to deal with cases where deprivation of assets may have occurred, after the Local Government and Social Care Ombudsman concluded that it had wrongly decided that an…
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 22, 2018

Rights to challenge detention in Mental Health Tribunal “inadequate”: Law Society

There are inadequate rights for patients to challenge their detention in the Mental Health Tribunal, the Law Society has said in its response to the Independent Review of the Mental Health Act 1983.
Jan 19, 2018

Re X applications and representation

Lee Parkhill examines a Court of Protection ruling by Mr Justice Charles on Re X applications and representation for P.
Jan 11, 2018

Ombudsman criticises council over lack of clarity on care home costs

The Local Government and Social Care Ombudsman has criticised a county council over its failure to tell a family about the possibilities available to them when their father, who has dementia and physical disabilities, was placed in a care home as an…
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.
Jan 04, 2018

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.
Jan 04, 2018

Decisions on care home fees

The High Court recently rejected a judicial review challenge to a council's decision on care home fees. Claire Booth explains why.
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 15, 2017

Bonds, liabilities and the CoP

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.
Dec 15, 2017

Limitation periods and care home fees

A High Court ruling has provided important clarity for local authorities on limitation periods and care home recovery, writes Jonathan Auburn.
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.
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.
Dec 01, 2017

Contraception and safeguarding

A Court of Protection judge recently had to consider whether it was in the best interests of a woman with a learning disability to be given a contraceptive patch. The CoP team at 39 Essex Chambers examine the decision.
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.

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