Guide to Care Act 2014 repeals

The following LexisNexis Private Client guidance note provides comprehensive and up to date legal information covering repealed legislation (in whole or in part), secondary legislation revoked (in whole or in part), relevant new secondary legislation and statutory guidance and directions cancelled. Read more
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  NEWS

Sep 16, 2020

Union calls on care workers who make multiple visits to claim payments for travelling time

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

Ombudsman calls for mandatory signposting of complaints system for all social care providers

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

Health and care workers report lack of legal training on how to uphold human rights law during COVID-19: BIHR

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

Continuous supervision and control

Alex Ruck Keene analyses a further judicial take on deprivation of liberty.
Sep 03, 2020

Ombudsman slams council over treatment of elderly couple who were split up after 59 years

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 receives over £420,000 to expand legal advice clinics in Wales

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

Council loses High Court battle over level of support for disabled young woman

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

Watchdogs in Wales to consider using their powers to scrutinise decisions and actions taken by public bodies in relation to older people during pandemic

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 Liberty Protection Safeguards delayed until April 2022

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

Claimant with Down Syndrome secures permission for judicial review of charging policy of county council

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.

  FEATURES AND ANALYSIS

August 20, 2020

Liberty Protection Safeguards: DOLS and Re X still here until April 2022

Kerry Short looks at the implications for local authorities of the Government’s recent announcement of a delay to the implementation of the Liberty Protection Safeguards.
August 07, 2020

Social Care: healthcare, contractual disputes need assessments and data protection

Leon Glenister, Admas Habteslasie, Stephen Knafler QC and Ben Fullbrook cover a range of adult social care issues, including the relationship between health and social care services, need assessments, contractual disputes and data protection.
August 06, 2020

Consideration of private evidence and carer’s needs under the Care Act 2014

A recent judgment highlights the importance for local authorities to carefully consider privately-obtained evidence in Care Act 2014 needs assessments and how a carer’s needs interact with those of a person needing care, writes Arianna Kelly.
July 30, 2020

Alcohol and capacity

A recent case heard by the Vice President of the Court of Protection, Hayden J, raises three important points about the interpretation and application of sections 2 and 3 of the Mental Capacity Act 2005 (‘MCA’) in the context of alcohol addiction, writes Tony Harrop-Griffths.
July 30, 2020

COVID-19, care settings and deprivations of liberty

Rebecca Gowling analyses whether Care Quality Commission data suggests a rise in unauthorised deprivations of liberty.
July 30, 2020

The Mental Health Act, s117 after-care and ordinary residence

The Court of Protection team at 39 Essex Chambers explain the background to the government's change of approach to ordinary residence for s.117 after-care.
July 23, 2020

Discharge of deputies appointed by the Court of Protection

Lee Parkhill sets out the lessons to be learned after a council applied to the Court of Protection to be discharged as a property and affairs deputy in seven cases.
June 26, 2020

COVID-19 & RIDDOR for care providers

Edward Sainsbury and Peter James consider when and when not to report in relation to COVID-19 and RIDDOR.

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  MORE NEWS

Sep 16, 2020

Union calls on care workers who make multiple visits to claim payments for travelling time

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

Ombudsman calls for mandatory signposting of complaints system for all social care providers

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

Health and care workers report lack of legal training on how to uphold human rights law during COVID-19: BIHR

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

Continuous supervision and control

Alex Ruck Keene analyses a further judicial take on deprivation of liberty.
Sep 03, 2020

Ombudsman slams council over treatment of elderly couple who were split up after 59 years

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 receives over £420,000 to expand legal advice clinics in Wales

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

Council loses High Court battle over level of support for disabled young woman

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

Watchdogs in Wales to consider using their powers to scrutinise decisions and actions taken by public bodies in relation to older people during pandemic

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 Liberty Protection Safeguards delayed until April 2022

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

Claimant with Down Syndrome secures permission for judicial review of charging policy of county council

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

Courts have no jurisdiction over "unwise" decisions where subject has capacity

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

Department for Health and Social Care sets out position on ordinary residence determinations pending legal challenge

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

County council in legal action against Health Secretary over ‘ordinary residence’ determination

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

Councils told not to prioritise preparations for Liberty Protection Safeguards

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

Just 4% of Directors of Adult Social Services confident they will have budget to meet statutory duties: research

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

Pandemic has led to human rights abuses of young people with autism or learning disabilities who have been detained: MPs

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

Government amends MCA/DOLS guidance during COVID-19 to include section on right to appeal if those subject to emergency health powers and lacking capacity

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

Council agrees to pay out £60k after Ombudsman report into failure to support autistic woman

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

High Court judge issues mandatory order requiring council to provide urgent night-time support for disabled brothers

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

Claimant calls off judicial review action after council offers concessions on use of Care Act 'easements'

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

Government facing legal action over policies on care homes during COVID-19 crisis

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

Only two councils left using Care Act ‘easements’

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 latest to stop using Care Act ‘easements’

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

Older People's Commissioner calls for investigation into Welsh Government’s policy on testing in care homes

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

Campaigners in legal threat over "failure to collect data on deaths of those with learning disabilities and autism during COVID-19"

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.

  MORE FEATURES

June 19, 2020

Requests for care pending assessment

A recent judgment is extremely significant for local authorities considering requests to provide care pending assessments or reassessments of needs, writes Arianna Kelly.
June 12, 2020

Capacity and silos (again)

The Court of Protection team at 39 Essex Chambers consider a recent case that shows the difficulty in reconciling the decision and time-specific structure the MCA requires when assessing capacity with the approach outlined by the Court of Appeal.
June 11, 2020

The Court of Appeal, decision-making capacity and sex

An important ruling from the Court of Appeal raises the question: have we been getting it all wrong? Alex Ruck Keene analyses the judgment.
May 15, 2020

An introduction to the Court of Protection

Alex Ruck Keene explains the fundamentals of the Court of Protection, covering its distinctive features, function and when it should be involved in a dispute.
May 14, 2020

Deprivation of Liberty - getting it right

Alex Ruck Keene considers the fundamentals of deprivation of liberty and "how to get deprivation of liberty right".
May 11, 2020

Time to go home

A recent clarificatory ruling in the Court of Protection has provided a helpful précis of the law on derogation from the European Convention on Human Rights, says Alison Harvey.
May 07, 2020

Article 8 breaches and local authority statutory duties

A recent case provides an important discussion of the positive duties of the state under Article 8 ECHR – and specifically, the issue of when an Article 8 breach may arise in the absence of any failure of a local authority to carry out its statutory duties, writes Arianna Kelly.
May 07, 2020

Capacity and executive (dys)function

In a recent case a consultant forensic and clinical psychologist revised their initial view that a man on a Community Treatment Order had litigation capacity while lacking subject matter capacity. The Court of Protection team 39 Essex Chambers analyses the case.
May 04, 2020

DNACPR orders during coronavirus

Victoria Mortimer examines issues around care planning and the use of DNACPR orders in the current crisis.
May 01, 2020

Capacity under the microscope

The Court of Protection team at 39 Essex Chambers detail an important case concerning a woman with dementia and mild learning difficulty and her capacity to consent to sexual relations as well as contact with her husband in distinction from having contact with others.
April 24, 2020

The Mental Capacity Act and DoLS

Eleanor Sibley sets out key points from government guidance on the approach to the MCA and the Deprivation of Liberty Safeguards during the COVID-19 pandemic.
April 24, 2020

The Coronavirus Act 2020 – Adult social care and assessing needs

Stephen Knafler QC considers the Coronavirus Act 2020 and its far-reaching implications for adult social care.
April 22, 2020

Holding onto principles – the MCA 2005 and Covid-19

Neil Allen, Alex Ruck Keene and Rachel Sullivan discuss some legal dilemmas that have arisen in mental health law as a result of the COVID-19 crisis.
April 20, 2020

Health and Social Care Law and COVID-19

David Lock QC, Stephen Knafler QC and Leon Glenister discuss the effects of the coronavirus crisis on adult social care and explore the problems that arise in medical decision making when demand for respiratory services exceeds NHS capacity.
April 16, 2020

Care Act 2014 Easements in the Coronavirus Act 2020

Section 15 and Schedule 12 of the Coronavirus Act 2020 sets out significant amendments to a local authority's duties under the Care Act 2014. In this free-to-view, on-demand webinar, Cornerstone Barristers discuss the implications of the Coronavirus Act 2020 for local authorities.
April 14, 2020

Articles 3 and 8 in the time of coronavirus

Arianna Kelly looks at a new case with significant implications for local authorities using the Care Act ‘easements’.
April 08, 2020

Liberty, equality, the Court of Protection, and the coronavirus

Alison Harvey reports on an urgent Court of Protection hearing on whether it was in the best interests for an 84-year-old man to return home, given the total lockdown of his care home as a result of the coronavirus outbreak.
April 07, 2020

Care Act “easements” – meeting needs for care and support

Amid the current public health crisis, the Coronavirus Act 2020 has relaxed Care Act requirements for local authorities to assess or meet social care needs. Eleanor Sibley looks at these "easements".
April 01, 2020

Covid-19, social distancing and mental capacity

Victoria Butler-Cole QC, Sian Davies and Alex Ruck-Keene discuss the legal position where a person (“P”) lives in the community and declines to practice social distancing in circumstances where P does not (or may not) have capacity to make decisions about social contact in the circumstances of COVID-19.
March 27, 2020

Coronavirus Act 2020 and social care

The Coronavirus Act 2020 means that disabled and vulnerable adults may be left with no entitlement or access to care, writes Jonathan Auburn.