Masthead Local Govt - Adult Social

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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).
Jul 03, 2018

Councils failing to make application forms for Disabled Facilities Grants freely available

Around half of local authorities in England are failing to make application forms for Disabled Facilities Grants (DFGs) freely available, researchers at the School of Law at Leeds University have claimed.
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 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

Capacity and housing: a strange relationship

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The Court of Appeal has handed down an important judgment on the capacity to make a homelessness application. The Court of Protection team at 39 Essex Chambers examine the ruling.

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.

Older News and Features

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 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 13, 2018

Funding continuing care

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.
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 28, 2018

County agrees to investigate if it incorrectly charged top-up fees

Norfolk County Council has agreed to investigate whether it has charged care home residents a top-up fee incorrectly, after one family’s complaint was upheld by the Local Government and Social Care Ombudsman (LGO).
Mar 23, 2018

Ombudsman criticises way council handled investigation into carer

A North East council failed to follow its policy when conducting a safeguarding investigation against a carer, a Local Government and Social Care Ombudsman (LGO) investigation has found.
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 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…

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