Paying for sex and the Court of Protection

The Vice President of the Court of Protection has issued a detailed judgment on, amongst other things, whether a care plan to facilitate contact with a sex worker could be implemented without the commission of an offence. Alex Ruck Keene examines the ruling. Read more
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  NEWS

May 11, 2021

Government threatened with legal action over care home guidance requiring residents to self-isolate

Law firm Bindmans said it has been instructed to bring a legal challenge to care home guidance that says residents making a visit out of the care home should isolate for 14 days on their return.
May 05, 2021

Supreme Court gives permission to appeal in capacity to consent to sexual relations case

The Supreme Court has agreed to hear a case on whether, to have capacity to decide to have sexual relations with another person, a person needs to understand that the other person must have the capacity to consent to the sexual activity and must in fact consent before and throughout the sexual activity.
Apr 26, 2021

Court of Appeal overturns order discharging mother as party in Court of Protection proceedings

The Court of Appeal has allowed an appeal from a decision by the Vice-President of the Court of Protection to discharge a mother as a party to proceedings concerning her highly vulnerable 19-year-old daughter (P).
Apr 15, 2021

Government consults on requiring care home workers to have Covid-19 vaccination

The Government has launched a five-week consultation on requiring care home providers, caring for older adults, to deploy only those workers who have received their COVID-19 vaccination.
Mar 31, 2021

Public Law Group at 39 Essex Chambers takes on three new members

39 Essex Chambers has bolstered its Public Law Group with the arrival of three new members from Kings Chambers with immediate effect.
Mar 28, 2021

Judge gives green light for judicial review challenge to decision by private care home provider to stop providing care services

A judge has given permission to apply for judicial review of a decision of a private care home provider to cases providing the relevant care services, it has been reported.
Mar 24, 2021

Department of Health and Social Care issues ‘roadmap regulations’

MPs will vote tomorrow (25 March) on the Government's ‘roadmap regulations’ setting out its proposed next phase of ‘easements’.
Mar 23, 2021

Woman left to die alone in Surrey care home, Ombudsman investigation finds

An elderly woman was left to die alone by Surrey care home staff while her daughter was waiting in a nearby room, the Local Government and Social Care Ombudsman (LGSCO) has found.
Mar 17, 2021

Ombudsman secures agreement from council to refund care costs for some people in short-term residential care

Lincolnshire County Council has agreed to refund some people it charged for short-term residential care following an investigation by the Local Government and Social Care Ombudsman (LGSCO).
Mar 12, 2021

Supreme Court to rule next week on ‘sleep in’ care workers and national minimum wage

The Supreme Court will next week hand down its ruling on whether home workers who are required to remain at home in their shift and/or residential care workers who ‘sleep in’ are entitled to the national minimum wage for time that is not spent actually performing some specific activity.

  FEATURES AND ANALYSIS

April 15, 2021

Long-term leave under s.17 Mental Health Act

Arianna Kelly analyses a recent judgment in which the Upper Tribunal considered whether a s.3 Mental Health Act detention can persist during long-term s.17 Mental Health Act leave without any active connection between the patient and hospital.
March 26, 2021

Vaccination – looking at all the relevant circumstances

Alex Ruck Keene analyses a Court of Protection ruling on whether a 31-year-old man with a learning disability should be vaccinated against Covid-19.
March 22, 2021

Section 117 After-care and Ordinary Residence

A High Court judge has held that a new interpretation of s.117 of the Mental Health Act 1983 advanced by the Health Secretary when determining an ordinary residence dispute was wrong, and quashed the minister’s determination. The judgment gives welcome clarification on how ordinary residence, under s. 117, operates, writes Lee Parkhill.
March 16, 2021

Court of Protection Q&A Series: 3

Sophie Hurst and Richard Borrett from Kings Chambers' Court of Protection team answer questions submitted live, primarily focussed on health & welfare law.
March 05, 2021

Unlawful deprivations of liberty and awards of damages

A judge recently upheld the award of damages of £143,000 for the unlawful deprivation of liberty of an incapacitous care home resident. Helen Curtis analyses the ruling.
March 04, 2021

Demystifying factitious illness​ within care proceedings

Barristers Tina Cook QC and Sharan Bhachu host a discussion aimed at understanding factitious illness​ and the interplay in care proceedings​.
February 26, 2021

Health and Care White Paper: opportunities for local authorities

Kirtpal Kaur Aujla considers what the Government's Health White Paper means for local authorities.
February 25, 2021

Court of Protection Q&A Series: 2

Sophie Allan and Aisling Campbell from Kings Chambers' Court of Protection team answer questions submitted live, primarily focussed on health & welfare law.

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  MORE NEWS

May 11, 2021

Government threatened with legal action over care home guidance requiring residents to self-isolate

Law firm Bindmans said it has been instructed to bring a legal challenge to care home guidance that says residents making a visit out of the care home should isolate for 14 days on their return.
May 05, 2021

Supreme Court gives permission to appeal in capacity to consent to sexual relations case

The Supreme Court has agreed to hear a case on whether, to have capacity to decide to have sexual relations with another person, a person needs to understand that the other person must have the capacity to consent to the sexual activity and must in fact consent before and throughout the sexual activity.
Apr 26, 2021

Court of Appeal overturns order discharging mother as party in Court of Protection proceedings

The Court of Appeal has allowed an appeal from a decision by the Vice-President of the Court of Protection to discharge a mother as a party to proceedings concerning her highly vulnerable 19-year-old daughter (P).
Apr 15, 2021

Government consults on requiring care home workers to have Covid-19 vaccination

The Government has launched a five-week consultation on requiring care home providers, caring for older adults, to deploy only those workers who have received their COVID-19 vaccination.
Mar 31, 2021

Public Law Group at 39 Essex Chambers takes on three new members

39 Essex Chambers has bolstered its Public Law Group with the arrival of three new members from Kings Chambers with immediate effect.
Mar 28, 2021

Judge gives green light for judicial review challenge to decision by private care home provider to stop providing care services

A judge has given permission to apply for judicial review of a decision of a private care home provider to cases providing the relevant care services, it has been reported.
Mar 24, 2021

Department of Health and Social Care issues ‘roadmap regulations’

MPs will vote tomorrow (25 March) on the Government's ‘roadmap regulations’ setting out its proposed next phase of ‘easements’.
Mar 23, 2021

Woman left to die alone in Surrey care home, Ombudsman investigation finds

An elderly woman was left to die alone by Surrey care home staff while her daughter was waiting in a nearby room, the Local Government and Social Care Ombudsman (LGSCO) has found.
Mar 17, 2021

Ombudsman secures agreement from council to refund care costs for some people in short-term residential care

Lincolnshire County Council has agreed to refund some people it charged for short-term residential care following an investigation by the Local Government and Social Care Ombudsman (LGSCO).
Mar 12, 2021

Supreme Court to rule next week on ‘sleep in’ care workers and national minimum wage

The Supreme Court will next week hand down its ruling on whether home workers who are required to remain at home in their shift and/or residential care workers who ‘sleep in’ are entitled to the national minimum wage for time that is not spent actually performing some specific activity.
Mar 04, 2021

Ombudsman criticises council over failure to have regard to human rights of man left in care home away from family for five months

A county council left a man in a care home away from his family for five months, without having any regard for his basic human rights, a Local Government and Social Care Ombudsman (LGSCO) investigation has found.
Mar 04, 2021

Woman jailed for care payments fraud after prosecution by London borough

A woman has been jailed for a year for defrauding the Royal Borough of Greenwich over care payments.
Mar 02, 2021

Council agrees to pay nearly £7,000 after care cost calculations criticised by Ombudsman

The Local Government and Social Care Ombudsman (LGSCO) is reminding councils that people can spend their money as they wish, within reason, when paying for their own care, after an investigation found faults with the way Cornwall Council assessed a man’s finances.
Feb 23, 2021

Court of Protection and mental health tribunal specialist joins Field Court

Winsome Levy, a specialist in Court of Protection, mental health tribunal, adult social care and inquest cases, has joined Field Court Chambers.
Feb 18, 2021

Judge rules council and CCG failed lawfully to assess s.117 after care services for claimant

A discharge care plan approach (DCPA) written by the London Borough of Islington and North Central London Clinical Commissioning Group (CCG) was unlawful on nine points, the High Court has found.
Feb 17, 2021

High Court judge rejects legal challenge by county council to determination by Health Secretary in ‘ordinary residence’ dispute

The Secretary of State for Health and Social Care has successfully defended his determination in an ‘ordinary residence’ dispute between two councils over the funding of accommodation at a transitional rehabilitation unit (TRU) for a man who sustained a serious brain injury in a road traffic accident in January 1990.
Feb 08, 2021

Senior judge hails “as beacon of good practice” Court of Protection case concerning permanent relocation from England and Wales

The Vice President of the Court of Protection has hailed a case of whether it was in the best interests of a 68-year-old woman to return to Poland as “a beacon of good practice” and a paradigm for professionals who find themselves considering similar situations in the future.
Feb 05, 2021

Ombudsman criticises council for stopping payments for disabled woman’s care without organising alternative

A Cornish woman was left without the support she needed after her local council told her she could not pay her daughter to care for her, the Local Government and Social Care Ombudsman has said.
Jan 27, 2021

Senior judge authorises giving Covid-19 vaccine to 80-year-old woman in care home despite objections of son

It was lawful and in the best interests of an 80-year-old care home resident with dementia and schizophrenia to be vaccinated against Covid-19 despite the objections of her son, the Vice-President of the Court of Protection has ruled.
Jan 25, 2021

Divisional Court finds Mental Health Act assessments require physical attendance and cannot be undertaken remotely

The phrases "personally seen" in s. 11(5) of the Mental Health Act 1983 and "personally examined" in s. 12(1) require the physical attendance of the person in question on the patient, the Divisional Court has clarified.
Jan 19, 2021

Official Solicitor wins appeal over ability of mother and step-father of autistic man to leave homes to provide care during first lockdown

The Official Solicitor has won an appeal on behalf of a 30-year-old with autism and communication difficulties over whether his mother and step-father had a reasonable excuse during the first national lockdown to leave their homes to provide him with care.
Jan 13, 2021

Court of Protection team at 39 Essex Chambers issues guidance notes on vaccination and testing for Covid-19 and mental capacity

The Court of Protection team at 39 Essex Chambers has published two rapid response guidance notes, covering mental capacity, vaccination and testing for Covid-19.
Jan 13, 2021

Government publishes White Paper on reforming Mental Health Act

The Government has published a white paper on reforming the Mental Health Act 1983, promising that its proposed changes would provide patients with greater choice and autonomy in a mental health crisis.
Dec 22, 2020

Council wins High Court private law claim against NHS clinical commissioning group over costs of care for young man with autism

A county council has successfully brought a private law claim in restitution against a clinical commissioning group ("CCG"), to recover sums paid by the local authority for the costs of accommodation and care of a young man with autism spectrum disorder.
Dec 22, 2020

Local authority ordered to withdraw charging policy for council-provided care

A 24-year-old woman with Down Syndrome has won a judicial review claim over the decision by a county council to change the basis on which it calculated the charges made to her for council-provided care.

  MORE FEATURES

February 19, 2021

Deprivation of liberty, family members and what s4B does (and doesn’t) say

A judge recently considered very strong objections levelled by a family member to the idea that they were depriving their adult child of their liberty. She also helpfully clarified the current (limited) scope of s.4B MCA 2005, writes Alex Ruck Keene.
February 12, 2021

Court of Protection Q&A Series: 1

In the first in a series of sessions, Sam Karim QC, Arevik Jackson and Sophie Hurst answer questions submitted live, primarily focussed on health & welfare law.
February 12, 2021

The Covid-19 vaccine and capacity

A senior judge recently ruled that it was lawful and in the best interests of an 80-year-old care home resident with dementia and schizophrenia to be vaccinated against Covid-19 despite the objections of her son. Jennifer Swan analyses the judgment.
January 29, 2021

Family care and the lockdown regulations

Alex Ruck Keene analyses an important (but nuanced) Court of Protection decision in a case where a deputy suspended parents' contact with a 30 year old man with autism during the first nationwide lockdown.
January 15, 2021

Anticipatory deprivations of liberty and autonomy

Anna Dannreuther analyses a recent judgment that discussed anticipatory deprivation of liberty orders in the context of prospective loss of capacity and the tension between respecting a young person’s autonomy and protecting them from harm when making best interest decisions.
January 06, 2021

Care and support for disabled and elderly people during ‘Lockdown 3’ in England – key legal considerations

Regulations introduced as part of the third national lockdown will have significant implications for people in need of care and support, their families and friends and professionals involved in their lives. Stephen Broach and Sian Davies analyse the current regulations.
December 04, 2020

Capacity and EHC Plans

Matthew Wyard considers an important ruling for local authority education departments on how the Children and Families Act 2014 regime for over 18s and the Mental Capacity Act 2005 regime intertwine.
December 04, 2020

Reporting upon capacity for the court (and more broadly) – what (not) to do

A recent Court of Protection decision serves as an important reminder of how demanding the process of assessing and reporting upon capacity is – or should be, writes Alex Ruck Keene.
November 24, 2020

November 2020 Mental Capacity Report walkthrough

Alex Ruck-Keene provides an overview of 39 Essex Chamber's November update on mental capacity issues in the courts this month.
November 13, 2020

The inherent jurisdiction, deprivation of liberty and out of hours applications

The Court of Appeal recently set out seven lessons for judges and practitioners in cases where urgent applications without notice are made, after concluding that a disabled man had his human rights breached. Alex Ruck Keene analyses the ruling.
November 11, 2020

Section 21A applications and interim declarations: The implications of DP v Hillingdon

Join the Kings Chambers team of specialist Court of Protection barristers to discuss DP v Hillingdon, a recent case which is already altering the way that s.21A Mental Capacity Act applications are conducted.
November 09, 2020

Care and support for disabled and elderly people during ‘Lockdown 2’ in England - key legal considerations

Steve Broach and Sian Davies consider the implications of the second lockdown for people in need of care and support and the families and professionals involved in their lives.
November 06, 2020

DHSC care home visiting guidance

The Department for Health and Social Care has published its eagerly awaited care home visiting guidance for England. Alex Ruck Keene sets out the key points.
October 30, 2020

DP v London Borough of Hillingdon: Interim Declarations and the impact on Standard Authorisations and s21A Proceedings

Kathryn Kember looks at the important implications a recent Court of Protection case may have for both legal and social care professionals who are regularly involved in s21A proceedings.
October 22, 2020

Winter Plan: Impact on the deprivation of liberty safeguards

In the third in a series of articles by barristers at 39 Essex Chambers on the Winter Plan, Neil Allen considers whether the government's guidance on self-isolation constitutes a deprivation of liberty for those with reduced capacity.
October 22, 2020

Coronavirus (COVID-19) - Social Care Tracker

This LexisNexis tracker is intended to be used to track key developments, legislation, guidance, parliamentary briefing notes and other sources of interest relating to COVID-19, where relevant to social care lawyers.
October 15, 2020

Discharging obligations to P and the court

Alex Ruck Keene reports on a salutary tale where a local authority was found to have failed an 18-year-old man with autism.
October 15, 2020

The Winter Plan and the right to family life

In the second of a three-part series from 39 Essex Chambers on the Government’s Adult Social Care: COVID-19 Winter Plan 2020-2021, Steve Broach looks at the implications for the right to respect for private and family life.
October 08, 2020

Enforcement of self-isolation

Alex Ruck Keene looks at another minefield to navigate in the capacity context - how new requirements on self-isolation apply to those with impaired decision-making capacity.
October 08, 2020

Department for Health and Social Care Winter Guidance: issues for local authorities

Siân Davies provides an overview of the Department of Health and Social Care (non-statutory) guidance issued on 18 September 2020.