Council’s charging policy held unlawful as it discriminated against severely disabled persons

Hannah Gibbs looks at the impact of a recent High Court decision on local authority charging policies. Read more
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  NEWS

Sep 29, 2021

"Relentless rise" in proportion of complaints about adult social care upheld, Ombudsman warns

The Local Government and Social Care Ombudsman has said a gulf exists between what the public expects from adult social care and what it delivers, and the service is “progressively failing to deliver for those who need it most”.
Sep 14, 2021

Adult social care reform plans “pose more questions than answers”: ADASS

The President of the Association of Directors of Adult Social Services (ADASS) said the organisation has been left “perplexed and concerned” that the Government’s proposals regarding adult social care funding and reform pose more questions than answers.
Sep 03, 2021

Council claims Ombudsman request for it to process DoLS applications within set time constraints “not possible”

Kent County Council has said it believes it is not possible to comply with a recommendation made by the Local Government and Social Care Ombudsman to process all Deprivation of Liberty Safeguard (DoLS) assessments in a timely manner.
Sep 01, 2021

Browne Jacobson partner appointed social care sector ambassador for charity

Amanda Wright-Kluger, a partner and solicitor-advocate at Browne Jacobson’s Nottingham office, has been appointed a social care ambassador for Championing Social Care.
Aug 31, 2021

Court of Appeal agrees to hear appeal by Health Secretary in dispute over interpretation of ‘ordinary residence’ and s.117 Mental Health Act

The Court of Appeal has granted the Department of Health and Social Care permission to appeal a key ruling on the issue of ‘ordinary residence’ for the purposes of s.117(3) of the Mental Health Act.
Aug 20, 2021

Dudley Council to refund care home fees following Ombudsman investigation

Dudley Council has agreed to refund care home top-up fees for concerned families whose relatives were not offered an affordable placement, following a Local Government and Social Care Ombudsman investigation.
Aug 16, 2021

Government withdraws emergency guidance covering Mental Capacity Act and DoLS during pandemic

The Department of Health and Social Care has withdrawn its emergency guidance on the Mental Capacity Act (2005) (MCA) and deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic.
Aug 15, 2021

Court of Protection approves Covid vaccine for man lacking capacity, but declines to authorise booster dose without another hearing

A Court of Protection judge has approved the giving of the first and second dose of a Covid-19 vaccination to a man who lacks capacity, but has declined to authorise in advance the administration of a booster dose.
Aug 12, 2021

Council and care home criticised after dispute sees son banned from visiting his mother

A council has agreed to a series of recommendations from the Local Government and Social Care Ombudsman after an investigation into a case where a man was barred from visiting his mother in a care home.
Aug 09, 2021

Centenarian nursing home resident forced to move because of funding mistakes, Ombudsman investigation finds

A number of errors by a council and a care provider led to a centenarian facing eviction from her nursing home because of unpaid fees, despite both her family and the council paying for her care, an investigation from The Local Government and Social Care Ombudsman has found.

  FEATURES AND ANALYSIS

September 30, 2021

Social care reforms in England - how will they work in practice?

Nicola Gunn of Anthony Gold Solicitors LLP, in association with Lexis PSL, considers what the reforms will mean in practice for those who require care.
September 20, 2021

Which local authority pays for aftercare after repeated detentions?

Leon Glenister takes a look at the Department of Health & Social Care's current position on determinations on s117 Mental Health Act 1983 disputes.
September 17, 2021

Social care funding: rapid response note

Fenella Morris QC, Sian Davies and Arianna Kelly analyse the Government's proposals for social care funding reform and look at the key issues for local authorities.
September 16, 2021

The Court of Protection and “the most complex Covid patient in the world”

Alex Ruck Keene looks at the latest ruling by the Vice President of the Court of Protection on the withdrawal of treatment in a COVID context.
September 09, 2021

Capacity and the limits of decision-specificity

Alex Ruck Keene examines what can be learned from a Court of Protection judge's ruling on whether a woman had capacity in a range of areas.
August 26, 2021

Litigation Friend appointments and costs

The High Court has ordered that a Defendant is not liable for costs incurred arising from a dispute over who the Litigation Friend should be. Sean Linley reports.
July 29, 2021

Court of Protection case law update: July 2021

Aaqib Javed and Holly Littlewood examine the latest rulings of interest to Court of Protection practitioners.
July 05, 2021

CQC Strategy 2021 (Part 1): How inspections will change and how providers can prepare

Tim Coolican and Freya Cassia discuss the new Care Quality Commission's (CQC) strategy, what it means for health and social care providers and what providers can be doing to prepare for the new style inspections.

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  MORE NEWS

Sep 29, 2021

"Relentless rise" in proportion of complaints about adult social care upheld, Ombudsman warns

The Local Government and Social Care Ombudsman has said a gulf exists between what the public expects from adult social care and what it delivers, and the service is “progressively failing to deliver for those who need it most”.
Sep 14, 2021

Adult social care reform plans “pose more questions than answers”: ADASS

The President of the Association of Directors of Adult Social Services (ADASS) said the organisation has been left “perplexed and concerned” that the Government’s proposals regarding adult social care funding and reform pose more questions than answers.
Sep 03, 2021

Council claims Ombudsman request for it to process DoLS applications within set time constraints “not possible”

Kent County Council has said it believes it is not possible to comply with a recommendation made by the Local Government and Social Care Ombudsman to process all Deprivation of Liberty Safeguard (DoLS) assessments in a timely manner.
Sep 01, 2021

Browne Jacobson partner appointed social care sector ambassador for charity

Amanda Wright-Kluger, a partner and solicitor-advocate at Browne Jacobson’s Nottingham office, has been appointed a social care ambassador for Championing Social Care.
Aug 31, 2021

Court of Appeal agrees to hear appeal by Health Secretary in dispute over interpretation of ‘ordinary residence’ and s.117 Mental Health Act

The Court of Appeal has granted the Department of Health and Social Care permission to appeal a key ruling on the issue of ‘ordinary residence’ for the purposes of s.117(3) of the Mental Health Act.
Aug 20, 2021

Dudley Council to refund care home fees following Ombudsman investigation

Dudley Council has agreed to refund care home top-up fees for concerned families whose relatives were not offered an affordable placement, following a Local Government and Social Care Ombudsman investigation.
Aug 16, 2021

Government withdraws emergency guidance covering Mental Capacity Act and DoLS during pandemic

The Department of Health and Social Care has withdrawn its emergency guidance on the Mental Capacity Act (2005) (MCA) and deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic.
Aug 15, 2021

Court of Protection approves Covid vaccine for man lacking capacity, but declines to authorise booster dose without another hearing

A Court of Protection judge has approved the giving of the first and second dose of a Covid-19 vaccination to a man who lacks capacity, but has declined to authorise in advance the administration of a booster dose.
Aug 12, 2021

Council and care home criticised after dispute sees son banned from visiting his mother

A council has agreed to a series of recommendations from the Local Government and Social Care Ombudsman after an investigation into a case where a man was barred from visiting his mother in a care home.
Aug 09, 2021

Centenarian nursing home resident forced to move because of funding mistakes, Ombudsman investigation finds

A number of errors by a council and a care provider led to a centenarian facing eviction from her nursing home because of unpaid fees, despite both her family and the council paying for her care, an investigation from The Local Government and Social Care Ombudsman has found.
Jul 22, 2021

High Court gives green light for challenge to DWP consultation on development of new strategy for disabled people

The High Court has allowed four disabled individuals to bring a judicial review challenge of how the Secretary of State for Work and Pensions, Thérèse Coffey, conducted the consultation on a proposed new national strategy for people with disabilities.
Jul 19, 2021

Equalities watchdog to hold inquiry into methods of challenging decisions about adult social care

The Equality and Human Rights Commission (EHRC) has launched an inquiry that will consider the effectiveness of existing methods of challenging local authority decisions about individuals’ entitlements to adult social care or support in England and Wales, including – but not limited to – complaints to local authorities and Ombuds, and judicial review.
Jul 14, 2021

No need to change on ‘Freedom Day’ how family courts and Court of Protection have been operating, says Family President

The President of the Family Division has ruled out issuing firm guidance on how the family courts and the Court of Protection should approach their work after 19 July – dubbed ‘Freedom Day’ – when coronavirus restrictions are lifted by the Government.
Jul 07, 2021

Integrated care boards to replace clinical commissioning groups as Government unveils Health and Care Bill

England is to be divided into integrated care boards and partnerships responsible for bringing together local NHS and local government, such as social care, mental health and public health advice.
Jul 05, 2021

Court of Appeal makes no order for costs after allowing appeal by mother against Court of Protection order discharging her as party to proceedings

The Court of Appeal has made no order for costs in a case where it allowed a mother's appeal against an order made in the Court of Protection discharging her as a party to proceedings concerning her highly vulnerable 19-year-old daughter.
Jul 05, 2021

Supreme Court to hear next week key case on capacity to have sexual relations

The Supreme Court will next week (15 July) hear a case over 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.
Jul 01, 2021

CQC amends inspection regime in light of lockdown lessons

The Care Quality Commission (CQC) has adapted its routine inspections system drawing on the experience of a year of working under pandemic restrictions.
Jun 17, 2021

County council to reconsider assessment of Disability Related Expenses, following Ombudsman investigation

The Local Government and Social Care Ombudsman has found Essex County Council at fault after it told two women that their Disability Related Expenses (DREs) for Deputy services, which a court appointed, were too expensive to cover.
Jun 14, 2021

Family President launches rapid consultation on remote, hybrid and in-person hearings in family justice system and Court of Protection

The President of the Family Division, Sir Andrew McFarlane, has launched a two-week rapid consultation on remote, hybrid and in-person hearings in the family justice system and the Court of Protection.
Jun 09, 2021

Court of Protection judge considers how supervisory bodies should evidence their scrutiny of requests for authorisation of deprivation of liberty

An error in someone’s name on a form did not invalidate a standard authorisation, the Court of Protection has decided.
May 19, 2021

Senior judge declines to order Covid vaccination of 86-year-old woman

The Court of Protection has ruled that an 86-year-old woman with dementia should not be either forcibly given a Covid vaccine or deceived into accepting a jab.
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.

  MORE FEATURES

July 01, 2021

Capacity to make decisions on care and alcohol dependency

Laura Wares analyses a recent case in which the assessment of capacity of an individual with a history of alcohol misuse was considered by the court.
June 24, 2021

Court of Protection case update

Aaqib Javed and Holly Littlewood review the latest cases of interest to Court of Protection practitioners.
June 17, 2021

Substance or form?

When do repeated errors invalidate a Deprivation of Liberty Safeguards (DoLS) authorisation? Alex Ruck Keene examines a recent Court of Protection ruling.
June 17, 2021

Best interests and Covid-19 vaccination in the Court of Protection

The Court of Protection recently ruled that an 86-year-old woman with dementia should not be either forcibly given a Covid vaccine or deceived into accepting a jab. Rebecca Handcock and Hilton Harrop-Griffiths analyse the ruling.
June 03, 2021

Sex and the limits of fluctuating capacity

When and how does the concept of fluctuating capacity apply in the context of sexual relations? This was the question confronting a Court of Protection judge, writes Alex Ruck Keene.
May 27, 2021

Care Act charging policies and Article 14

Are all charging policies at risk after R(SH) v Norfolk County Council? Arianna Kelly examines an important ruling.
April 29, 2021

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.
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.
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.