Deprivation of liberty in the community – how not to apply to court

A recent case reads as an object lesson in how not to make an application to the Court of Protection to authorise deprivation of liberty, writes Alex Ruck Keene. Read more
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  NEWS

Nov 22, 2019

Home Office reconsideration policy for victims of traffickiing unlawful, High Court judge rules

The High Court has ruled as unlawful a Home Office policy of allowing victims of trafficking seeking a reconsideration of a negative decision to approach it only through specified organisations.
Nov 21, 2019

Applications for DoLS by care homes and hospitals up 15% each year since 2014-15: report

The number of applications made by care homes and hospitals to local authorities under the Deprivation of Liberty Safeguards (DoLS) has increased by an average of 15.0% each year since 2014-15, official statistics from NHS Digital have revealed.
Oct 31, 2019

Ombudsman raps council for taking 21 months to reassess care needs of vulnerable woman

The Local Government and Social Care Ombudsman (LGO) has criticised a council for taking 21 months to carry out a reassessment of a vulnerable woman’s care needs.
Oct 30, 2019

Judge criticises council for breaching duty of disclosure when making streamlined application for authorisation of deprivation of liberty

A council has been criticised by a Court of Protection judge for breaching the duty of full and frank disclosure when it made an application under the streamlined procedure for authorisation of a deprivation of liberty.
Oct 24, 2019

High Court judge finds council was right to tell failed asylum seeker to obtain support from Home Office

The London Borough of Southwark acted correctly when it told a failed asylum seeker that he must apply to the Home Office for support.
Oct 24, 2019

Council defeats costs application in High Court case on vulnerable adult and inherent jurisdiction

Redcar and Cleveland Borough Council has successfully resisted an attempt to get a costs order against it by the parents of a vulnerable adult.
Oct 11, 2019

39 Essex Chambers publishes guidance for social workers on application of inherent jurisdiction of High Court to adults

39 Essex Chambers has published a guidance note for social workers and those working in front-line settings that provides an overview of the inherent jurisdiction of the High Court as it applies to adults.
Oct 11, 2019

Court of Appeal orders council to pay cost of attendance of young woman at weekly placement

The Court of Appeal has ruled that North East Lincolnshire Council should have paid the cost of a disabled young woman attending a weekly placement, overturning an earlier High Court decision.
Oct 10, 2019

Ombudsman raps council for failing to review care plan for five years, not adhering to statutory guidance

An investigation by the Local Government and Social Care Ombudsman has found a council at fault for not reviewing an autistic woman’s care plan for more than five years, and for not adhering to the most fundamental parts of the Care and Support Statutory Guidance.
Oct 03, 2019

Council right not to facilitate man with learning disabilities to have contact with sex workers, says judge

A Court of Protection judge has backed a local authority’s decision in not seeking to facilitate a man with learning disabilities’ contact with sex workers either in the UK or abroad.

  FEATURES AND ANALYSIS

November 01, 2019

Social care support and persons subject to immigration control

The Administrative Court has revisited the issue of the denial of social care support to persons subject to immigration control, and the line between local authority social care support under the Care Act 2014, and accommodation and support provided by the Home Office. Jonathan Auburn analyses the ruling.
October 25, 2019

Fluctuating capacity: decisions on the management of diabetes

Hope Davis-McCallion examines how the Court of Protection approached deciding whether a woman had capacity to make decisions about the management of her diabetes. In Royal Borough of Greenwich v CDM [2019] EWCOP32, the court had to decide whether the assessment of capacity to make decisions about diabetic management is one macro-decision which encompasses all of the many micro-decisions that CDM…
October 18, 2019

The limits of the inherent jurisdiction (2)

The Court of Protection team at 39 Essex Chambers analyse the second in two rulings by Mr Justice Cobb on the inherent jurisdiction.
October 11, 2019

The limits of the inherent jurisdiction (1)

Mr Justice Cobb recently handed down two important decisions on the scope of the inherent jurisdiction at the border of the Mental Capacity Act 2005. In the first of two articles on these rulings, the Court of Protection team at 39 Essex Chambers examine a case concerning a young adult and the use of the inherent jurisdiction to authorise deprivations of liberty where there is no statutory…
September 26, 2019

Re D – the Supreme Court, 16/17 year olds and confinement

The Supreme Court has handed down a much-anticipated judgment on 16-17 year olds, deprivations of liberty and parental consent. Alex Ruck Keene explains the ruling and sets out some practical implications.
September 06, 2019

The extent of the inherent jurisdiction

Christine Cooper reports on an unusual inherent jurisdiction case that recently went before a High Court judge.
August 23, 2019

The MHA and the MCA in the community

The Court of Protection team at 39 Essex Chambers report on the outcome of a ruling dealing with streamlined Re X applications made by two local authorities.
August 16, 2019

Fluctuating capacity – micro vs macro decisions

Alex Ruck Keene looks at the lessons to be learned from the latest Court of Protection to address the issue of fluctuating capacity.

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  MORE NEWS

Nov 22, 2019

Home Office reconsideration policy for victims of traffickiing unlawful, High Court judge rules

The High Court has ruled as unlawful a Home Office policy of allowing victims of trafficking seeking a reconsideration of a negative decision to approach it only through specified organisations.
Nov 21, 2019

Applications for DoLS by care homes and hospitals up 15% each year since 2014-15: report

The number of applications made by care homes and hospitals to local authorities under the Deprivation of Liberty Safeguards (DoLS) has increased by an average of 15.0% each year since 2014-15, official statistics from NHS Digital have revealed.
Oct 31, 2019

Ombudsman raps council for taking 21 months to reassess care needs of vulnerable woman

The Local Government and Social Care Ombudsman (LGO) has criticised a council for taking 21 months to carry out a reassessment of a vulnerable woman’s care needs.
Oct 30, 2019

Judge criticises council for breaching duty of disclosure when making streamlined application for authorisation of deprivation of liberty

A council has been criticised by a Court of Protection judge for breaching the duty of full and frank disclosure when it made an application under the streamlined procedure for authorisation of a deprivation of liberty.
Oct 24, 2019

High Court judge finds council was right to tell failed asylum seeker to obtain support from Home Office

The London Borough of Southwark acted correctly when it told a failed asylum seeker that he must apply to the Home Office for support.
Oct 24, 2019

Council defeats costs application in High Court case on vulnerable adult and inherent jurisdiction

Redcar and Cleveland Borough Council has successfully resisted an attempt to get a costs order against it by the parents of a vulnerable adult.
Oct 11, 2019

39 Essex Chambers publishes guidance for social workers on application of inherent jurisdiction of High Court to adults

39 Essex Chambers has published a guidance note for social workers and those working in front-line settings that provides an overview of the inherent jurisdiction of the High Court as it applies to adults.
Oct 11, 2019

Court of Appeal orders council to pay cost of attendance of young woman at weekly placement

The Court of Appeal has ruled that North East Lincolnshire Council should have paid the cost of a disabled young woman attending a weekly placement, overturning an earlier High Court decision.
Oct 10, 2019

Ombudsman raps council for failing to review care plan for five years, not adhering to statutory guidance

An investigation by the Local Government and Social Care Ombudsman has found a council at fault for not reviewing an autistic woman’s care plan for more than five years, and for not adhering to the most fundamental parts of the Care and Support Statutory Guidance.
Oct 03, 2019

Council right not to facilitate man with learning disabilities to have contact with sex workers, says judge

A Court of Protection judge has backed a local authority’s decision in not seeking to facilitate a man with learning disabilities’ contact with sex workers either in the UK or abroad.
Sep 27, 2019

High Court judge rejects application by council under inherent jurisdiction to prevent husband and wife living together

A High Court judge has given her reasoning why she would have rejected a local authority’s application for an injunction under the Court's inherent jurisdiction preventing a husband living in a property with his wife, had it not been withdrawn.
Sep 19, 2019

Ombudsman finds fault in two thirds of adult social care complaints investigated in 2018/19

The Local Government and Social Care Ombudsman found fault in nearly two out of every three adult social care complaints it investigated in 2018/19.
Sep 04, 2019

Ombudsman raps council over failure to complete agreed remedy

The Local Government and Social Care Ombudsman has criticised Staffordshire County Council for failing to apologise to a woman in good time following an earlier investigation.
Aug 21, 2019

Care home manager to be sentenced for failure to disclose evidence at inquest

A former manager at a care home where a young woman died is due to be sentenced later this month for failing to attend and disclose evidence to an inquest.
Jul 02, 2019

Court of Protection issues ruling in test case on appointment of personal welfare deputies

A Court of Protection judge has clarified the circumstances in which family members may become personal welfare deputies for people aged over 18, calling for the Code of Practice under the Mental Capacity Act 2005 to be redrafted.
Jul 02, 2019

Select committee backs plans to reduce burdens of competition rules on NHS

Collaboration, rather than competition, is the best way forward for the NHS and the wider health and care system, MPs on the Health and Social Care Committee have said.
Jun 24, 2019

Ombudsman urges county council to bring its assessments into line with Care Act 2014

The Local Government and Social Care Ombudsman has called on Somerset County Council to put in place the recommendations he has made to bring its assessments into line with the requirements of the Care Act.
Jun 18, 2019

Judge rejects application by Official Solicitor for council to pay costs in s.21A proceedings

A Court of Protection judge has rejected an application by the Official Solicitor (OS), acting as litigation friend, for the London Borough of Harrow to pay its costs in proceedings under Section 21A of the Mental Capacity Act 2005.
Jun 17, 2019

Minister unveils plan to introduce Liberty Protection Safeguards in October 2020

The Government intends to bring the Liberty Protection Safeguards system into force on 1 October 2020, the Minister for Care Caroline Dinenage has announced.
Jun 13, 2019

Ombudsman issues reminder to councils of proper process for supporting vulnerable people at assessment meetings

The Local Government and Social Care Ombudsman has issued a reminder to councils that vulnerable people can choose who supports them through care reviews.
Jun 12, 2019

Court of Appeal allows appeal by council in case on consent to sex and social media use

The Court of Appeal has allowed an appeal by an unnamed local authority in a case concerning whether a woman could move in with a sex offender and have sex with him.
May 21, 2019

CQC urges reviews of cases where people with learning disability or autism are segregated in hospital

An independent review should be carried out of every person who is being held in segregation in mental health wards for children and young people and wards for people with a learning disability or autism, the Care Quality Commission has said.
May 16, 2019

Judge hits out at “irresponsible” media reporting of case on capacity to consent to sex

A Court of Protection judge has strongly criticised media reporting of a case involving whether a woman had the capacity to consent to sex with her husband.
May 14, 2019

High Court hears judicial review challenge over proposed closure of day care centre

The High Court in Leeds is this week (13-14 May) hearing a judicial review challenge to Rotherham Metropolitan Borough Council’s decision to close a day care centre for adults with learning disabilities.
May 09, 2019

Ombudsman criticises council after vulnerable man left at risk of poor care for 18 months

A vulnerable man was left at risk from poor care for more than 18 months, despite Wirral Metropolitan Borough Council being alerted to problems, the Local Government and Social Care Ombudsman has found.

  MORE FEATURES

August 09, 2019

Costs and s21A applications

A judge recently rejected an application by the Official Solicitor for a London borough to pay its costs in proceedings under Section 21A of the Mental Capacity Act 2005. The Court of Protection team at 39 Essex Chambers analyse the judgment.
August 09, 2019

Court of Protection cases review

Aaqib Javed rounds up the latest Court of Protection cases including a ruling on the appointment of personal welfare deputies.
July 26, 2019

Entitlement to personal independence payments

The Supreme Court has this month considered an appeal over entitlement to Personal Independence Payments. Leon Glenister explains the ruling.
July 26, 2019

DoLS, inquests and Article 2 ECHR

Does a DoLS automatically engage Article 2 of the European Convention on Human Rights at inquest? Jessica Swift and Martin English examine the impact of a recent Divisional Court ruling.
July 19, 2019

Capacity and sexual relations – trying to make it personal

Alex Ruck Keene analyses the latest Court of Protection ruling on capacity and sexual relations.
July 05, 2019

Appointing personal welfare deputies

David Rees QC analyses an important Court of Protection decision on the appointment of personal welfare deputies.
June 28, 2019

Sex, social media and ‘silos’

The Court of Appeal has handed down an important ruling on capacity to make decisions on using social media, on consent to sexual relations, and where to reside. The Court of Protection team at 39 Essex Street report on the judgment.
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May 24, 2019

Liberty Protection Safeguards – a new frontier or further difficulties?

The Mental Capacity (Amendment) Act 2019 received Royal Assent earlier this month. Matthew Angus and Amanda Mead examine its key provisions and how they will affect local authorities, health bodies and other organisations.
Adult social services portrait1
May 24, 2019

Dealing with abuse claims in a care setting

Julia Jones considers the careful balance that local authorities need to strike in cases of alleged abuse in a care setting.
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May 17, 2019

Capacity, pre-nuptial agreements and knowledge of your own assets

A recent Court of Protection ruling addressed the questions of capacity to marry, enter into a prenuptial agreement and also disclosure of the extent of assets managed by a property and affairs deputy. Alex Ruck-Keene analyses the judgment.
Justice from Old Bailey HB Editorial
April 18, 2019

A delicate line – litigation friends and P asserting litigation capacity

A Court of Protection judge recently heard an appeal against a ruling that a man lacked capacity to conduct proceedings. The CoP team at 39 Essex Chambers report on the outcome.
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April 12, 2019

The need for careful scrutiny: the dismissal of s.21A applications

An unusual appeal against dismissal of a s.21A application clarifies the (very limited) circumstances under which it could ever been appropriate to dismiss such applications on a summary basis, write the Court of Protection team at 39 Essex Chambers.
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March 22, 2019

CQC guidance on relationship needs and sexuality

The Care Quality Commission (CQC) has issued guidance on relationships and sexuality in adult social care services. Holly Bridden highlights some key considerations.
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March 15, 2019

High Court’s inherent jurisdiction for the protection of vulnerable adults

The case of Southend-on-Sea Borough Council v Meyers [2019] EWHC 399 (Fam) highlights the wide and largely unfettered nature of the power to grant injunctive relief under the High Court’s inherent jurisdiction for the protection of vulnerable adults and the difficulty surrounding the issue of how the balance should be struck between protection of a person on grounds of vulnerability and respect…
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March 08, 2019

Mental capacity for social media and the internet: another Court of Protection case

Rosalind English analyses the second Court of Protection ruling in a week to cover the use of the internet.
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March 01, 2019

Mental capacity for handling the internet

A Court of Protection judge has considered whether to make declarations about a learning disabled man’s capacity to use the internet. Rosalind English analyses the ruling.
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February 22, 2019

Where does the inherent jurisdiction end?

The Court of Protection team at 39 Essex Chambers analyse a bid to appeal an interim judgment on the inherent jurisdiction and the extent to which unwise decisions made by capacitous adults can and should be overridden by the courts.
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February 15, 2019

The thinnest of legal ice – restricting contact and the MCA

A recent court case highlights the risks to public bodies seeking to restrict contact without the authority of the court, writes Alex Ruck Keene.
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February 08, 2019

MCA breaches: paying the price?

Gill Weatherill, Paul McGough and Sarah Woods look at the lessons to be learned from a High Court case where breaches of the Mental Capacity Act led to the award of more than £20,000 in damages.
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January 18, 2019

The inherent jurisdiction, deprivation of liberty and conditional discharges

Rebecca Fitzpatrick analyses a case that considered whether the High Court’s inherent jurisdiction can be used to authorise a deprivation of liberty of a patient with capacity who is subject to a conditional discharge under the Mental Health Act 1983.
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