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. Read more
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  NEWS

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.

  FEATURES AND ANALYSIS

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.

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  MORE NEWS

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.
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.

  MORE FEATURES

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.
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.