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
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
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.
Dec 17, 2020
Confidential evidence meant a vulnerable woman’s maternal aunt should not be joined to proceedings about her welfare, the Court of Protection has ruled.
Nov 27, 2020
Ombudsman finds county council failed to meet needs of man with dementia, leaving him to pay for some of his own care
Hampshire County Council has been criticised by the Local Government and Social Care Ombudsman after it failed to meet an elderly man’s needs when his finances ran short.