Sep 16, 2020
Trade union Unison has urged care workers and others to enter litigation over payments for time spent travelling between work appointments, following an Employment Tribunal ruling.
Sep 16, 2020
The Local Government and Social Care Ombudsman has called on the Government to use planned social care reforms to require adult social care providers to tell people, if they are unhappy with the services they are receiving, how to complain not only to the providers themselves, but also how to escalate that complaint to the Ombudsman.
Sep 15, 2020
More than three quarters (76%) of people working in health and care who responded to a call for evidence told the British Institute of Human Rights (BIHR) that during COVID-19 they were not provided with legal training or clear information about upholding human rights law.
Sep 10, 2020
Alex Ruck Keene analyses a further judicial take on deprivation of liberty.
Sep 03, 2020
An elderly couple of 59 years were split up with little regard for their welfare by the Royal Borough of Windsor & Maidenhead, the Local Government and Social Care Ombudsman has found.
Sep 02, 2020
Legal charity LawWorks has announced it will expand its services in Wales having received a grant of £422,760 from the National Lottery Community Fund.
Jul 29, 2020
The London Borough of Southwark has lost a High Court case over a disabled young woman’s care plan after a judge found aspects of the council’s case to be materially flawed or erroneous.
Jul 22, 2020
The Older People’s Commissioner for Wales and the Equality and Human Rights Commission in Wales are to consider whether the Welsh Government and public bodies in Wales have met their responsibilities to uphold the human rights of older people during COVID-19.
Jul 16, 2020
Implementation of the Liberty Protection Safeguards (LPS), the scheme designed to replace the Deprivation of Liberty Safeguards (DoLS), has been put back until April 2022, the Government has confirmed.
Jul 14, 2020
A 24-year-old woman with Down Syndrome has been granted permission for a judicial review challenge of Norfolk County Council’s policy of charging people for essential care and support.
Jul 09, 2020
The Mental Capacity Act 2005 does not permit the courts to intervene to prevent someone from making decisions that are unwise or damaging to them if they have the necessary capacity, the High Court has ruled.
Jun 30, 2020
The Department for Health and Social Care has issued a position statement on the determination of ordinary residence disputes pending the outcome of the judicial review challenge brought by Worcestershire County Council.
Jun 25, 2020
Worcestershire County Council has started legal action against the Secretary of State for Health and Social Care in a dispute over which council should provide after-care services under the Mental Health Act 1983 to someone who has been detained on two occasions.
Jun 24, 2020
The Government has told local authorities and other agencies not to give priority to the introduction of the Liberty Protection Safeguards (LPS) due to pressures from dealing with the consequences of the COVID-19 pandemic.
Jun 22, 2020
Only 4% of Directors of Adult Social Services are fully confident that their budget will be sufficient to meet their statutory duties this year, down from 35% in 2019/20, the annual budget survey by ADASS has found.
Jun 17, 2020
The coronavirus crisis has resulted in human rights abuses of young people who are autistic or have learning disabilities and have been detained, the Joint Committee on Human Rights has claimed.
Jun 15, 2020
The Department for Health and Social Care has added a new section to The Mental Capacity Act (2005) (MCA) and deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic: additional guidance on the right to appeal if someone is subject to emergency health powers and lacks the relevant mental capacity.
Jun 15, 2020
A council has agreed to pay a woman with autism, severe anxiety disorder and associated mental health disorders £60,000 after it failed to provide her with support for more than five years.
Jun 08, 2020
A local authority acted unlawfully after it failed to provide night-time care and support to two adult brothers with severe physical and learning disabilities pending a full needs reassessment, a High Court judge has ruled.
Jun 04, 2020
Concessions by Derbyshire County Council have enabled it to avoid a threatened judicial review over use of the Care Act ‘easements’ introduced by the Coronavirus Act 2020.
Jun 04, 2020
A daughter whose father died of suspected COVID-19 in a care home is to launch a legal action “to hold the government to account”.
Jun 02, 2020
Just two local authorities – Solihull Council and Derbyshire County Council – are continuing to use the Care Act ‘easements’ brought in during the coronavirus pandemic, according to the latest information from the Care Quality Commission.
May 26, 2020
Birmingham City Council has become the latest local authority to stop using the Care Act ‘easements’ introduced by the Coronavirus Act 2020.
May 22, 2020
The Older People's Commissioner for Wales has suggested that older people’s rights may not have been protected during the COVID-19 pandemic and has called for an investigation into the Welsh Government’s handling of the crisis in care homes and other health and social care settings.
May 21, 2020
Disability campaigners have sent a letter before action to five public bodies over what they say has been a failure to mandate the collection and publication of data on the deaths of people with learning disabilities and autism during the coronavirus pandemic.