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Latest Stories
Councils will have to explore alternative models for adult care, says law firm
08/09/10: There is no longer an “as we are” option for local authorities when it comes to providing care for older people in the medium and long term, law firm TPP Law has warned in a report.
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Powys merges care director post with health board chief exec role
07/09/10: Powys County Council is to merge its post of strategic director of care and wellbeing with the chief executive’s role at a local health board. However, a full merger of the two bodies has been ruled out.
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Charity warns about "fundamental lack" of public understanding of care system
07/09/10: Three in four members of the public (74%) are unsure of the level of care that they, an older friend or a relative are entitled to under the care system for older people, according to research by a national charity.
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Manchester CC and LSC commission £8.9m advice service
02/09/10: Manchester City Council and the Legal Services Commission have joined together to commission Manchester Citizens Advice Bureau to run a city-wide legal advice service.
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 Put in detention
A man accused of harassing women he did not know has failed in his application to persuade the High Court to declare that his detention under the Mental Health Act 1983 ran contrary to his human rights. He is now appealing. Elspeth Wrigley looks at the case.
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 Bitter pill?
In the first case of its kind, the High Court was asked to consider whether a young married woman lacks capacity to decide whether to use contraception, and whether it would be in her interests to be required to receive it. Caroline Cross examines the judgement.
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Court of Protection blocks bid to force vulnerable woman to use contraception
The Court of Protection has ruled that an unnamed local authority is not able force a woman with a low IQ to use contraception, describing the plan as an “horrendous prospect [with] shades of social engineering”.
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CQC and EHRC consult on new human rights guidance for social care inspectors
The Care Quality Commission (CQC) has joined with the Equality and Human Rights Commission (EHRC) to create new guidance for social care inspectors and assessors.
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Backing reform
Tim Spencer-Lane summarises some of the views expressed and insights gained from the Law Commission's consultation period on reform of adult social care law.
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Cabinet Office unveils 12 pathfinder mutuals for public sector spin-outs
A project to integrate community health and adult social services in Swindon into a co-operative is among the first wave of 12 pathfinder mutuals to get the go-ahead, the Cabinet Office has announced.
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The personal touch
The extent of recipients’ rights to a personal budget and direct payments has been scrutinised by two recent cases. Rachel Kamm analyses the rulings and outlines the implications for local authorities.
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Committee calls for overhaul of rules of Court of Protection
The procedure and practice of the Court of Protection should be overhauled to reflect the significant differences in nature of the categories of work undertaken, a committee examining possible changes to the rules has said.
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Government proposes statutory partnership boards in healthcare shake-up
The government has fleshed out its plan to hand councils a greater role in healthcare, launching two consultations on elements in its recent White Paper. They include a proposal for statutory "health and wellbeing boards".
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Lansley unveils care funding commission, stresses impact on council finance
The Health Secretary has launched a commission on the funding of adult social care and support, acknowledging that the current system is unsustainable and urgent reform is needed.
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For the best? - pt3
In the third of a three-part series on best interests decisions on personal welfare applications, Victoria Butler-Cole and Alex Ruck Keene look at the issues faced by lawyers when bringing proceedings.
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Court of Appeal rules "best interests" regime compatible with ECHR
The MCA 2005 regime under which the Court of Protection can detain an incapacitated person if it considers it to be in their best interests is compatible with the European Convention on Human Rights, the Court of Appeal has ruled.
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Local authorities handed new functions as NHS overhaul sees PCTs axed
Councils will take on the health improvement functions carried out by PCTs in an overhaul of the NHS, the government has announced. Powers enabling joint working between the NHS and councils will be simplified and extended.
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Social workers, not personal advisers, must write pathway plans, says judge
A local authority social worker must author the pathway plan for a young person – not the individual’s personal adviser – if the council is to discharge its statutory duties, a High Court judge has ruled.
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Blackburn plans merger and "far more advanced" integration with care trust
Blackburn with Darwen Borough Council is to merge its senior management with the local care trust in a move predicted to lead to "far more advanced" integration than exists so far in other parts of the country.
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Department of Health warns against narrow approach to mental capacity
Local authorities need to develop policies on all their activities as they relate to people who lack capacity, the DH has insisted. It also warned councils to be vigilant that this group of people are represented in changes and re-organisations.
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The FIPs don't work, says leading academic
Family intervention projects (FIPs) were not the success in the last decade that the Labour government claimed, according to a report published by the Centre for Crime and Justice Studies.
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High Court rules on powers of councils over incapacitated adults and children
In a case concerning the locking up of a child and an adult in their bedrooms at night for their own safety, Lord Justice Munby has delivered a key ruling on the extent of local authorities’ powers.
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Law Commission to fast forward review of adult social care law
The Law Commission is to speed up its review of adult social care law, after the government asked it to bring the timetable forward. The advisory body will publish in April 2011, several months earlier than first envisaged.
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Co-operatives UK chief fires warning over public service delivery
Plans for a much greater role for co-operatives in the delivery of public services require much more development if they are to work, the Secretary-General of umbrella organisation Co-operatives UK has said.
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May suspends vetting and barring scheme, pending wholesale review
The Home Secretary has suspended the introduction of the vetting and barring scheme – due to begin next month – and launched a review of the programme, with the aim of scaling back the “draconian” regime.
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Senior judge at Court of Protection admits setbacks after MCA introduced
The Court of Protection has had to endure “more than its fair share of setbacks” since 1 October 2007, when the Mental Capacity Act 2005 came into force, its senior judge has admitted.
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Don't expect third sector to fill all gaps left by cuts: Charity Commission chief
The chair of the Charity Commission has questioned the ability of the third sector to fill all the gaps left by cuts to public services. Dame Suzi Leather said demand for services was rising as funding and investment yields fall.
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Queen's Speech: Public Health Bill
The project to identify where social enterprise, charities and co-operatives can have an enhanced role in public services.will be co-ordinated by the Cabinet Office Minister, Francis Maude.
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For the best? - pt2
In the second of a three-part series, Victoria Butler-Cole and Alex Ruck Keene look at recent best interests decisions on personal welfare applications in the Court of Protection and the High Court.
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For the best? - pt 1
There have been a number of important best interests decisions on personal welfare applications in the Court of Protection and the High Court over the last twelve months. Victoria Butler-Cole and Alex Ruck Keene analyse the rulings.
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Care Quality Commission to ditch ratings system
The Care Quality Commission said its current system of star ratings for registered services would cease ahead of the new registration system and new standards that come into force on 1 October 2010.
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Finding a path
The laws in place to safeguard people affected by disability are numerous and complex. Belinda Schwehr looks at the responsibilities of public sector bodies in their dealings with the disabled.
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Cuts both ways
How can councils make economies in their social services provision without falling foul of the law? Nicola Williams identifies the pitfalls for local authorities.
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Tough love
Could a lack of resources mean that Family Intervention Projects fail to deliver on their initial promise? Grania Langdon-Down investigates.
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It's time for change
Tim Spencer-Lane outlines the motivations behind the Law Commission's project to create a single statute for adult social care law to replace the 38 different pieces of legislation that currently govern the area.
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ECJ rules on right of residence of parent caring for child of migrant worker
A parent caring for a migrant worker's child in education in the UK has a right of residence, the ECJ has ruled. This right is not conditional on the parent having sufficient resources not to be a burden on the member state’s benefits system.
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Closing the gap
A year after the Deprivation of Liberty Safeguards were put in place, Rhys Hadden, Hilton Harrop-Griffiths and Jonathan Cowen look at how they have been interpreted by the courts.
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High Court upholds challenge to imposition of service changes
A High Court judge has quashed plans by the London Borough of Barnet and Portsmouth City Council to change the way they provide support to people living in sheltered accommodation.
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Joined at the hip
Interest in merging the organisation structures of local authorities and primary care trusts is growing. Helen Mooney reports.
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A better future
The Autism Act is the first disability-specifc legislation to passed in the United Kingdom. David Knifton assesses the implications.
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Forcing the issue
Local authorities are now able to apply for a forced marriage protection order without first requiring leave of the court, writes Louise McCallum.
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The drugs won't work (not in our court anyway)
A pilot scheme at the Inner London Family Court designed to support parents with drug problems is showing encouraging signs of success, writes Louise Creighton
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