Vulnerable adults and non-recognition of marriage

Amanda Schofield analyses a Court of Appeal ruling on the jurisdiction of the court to make a declaration that a marriage is not recognised as valid in England and Wales. Read more
SPOTLIGHT
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What now for deprivations of liberty?

What will the effect of the postponement of the Liberty Protections Safeguards be on local authorities? Local Government Lawyer asked 50 adult social care lawyers for their views on the potential consequences.

  NEWS

Jan 18, 2024

Carry out enhanced DBS checks for all councillors considered for appointment to committees with education or social services functions, minister tells unitary and upper tier councils

Local Government Minister Simon Hoare has written to the leaders of unitary and upper tier authorities in England calling on them to adopt as best practice enhanced criminal record checks provided by the Disclosure and Barring Service for all councillors being considered for appointment to any committee which discharges education or social services functions.

  FEATURES AND ANALYSIS

February 22, 2024

Triangulation and flexibility

Alex Ruck Keene KC (Hon) reports on a recent case that showed how demanding taking capacity seriously is – and should be.

  MORE NEWS

Jan 05, 2024

Court of Protection may only authorise package of care depriving individual of liberty if satisfied medical evidence confirms person has unsoundness of mind, judge rules

A Court of Protection judge has directed Stockport Metropolitan Borough Council to commission and instruct a registered medical doctor, either a psychiatrist or a registered GP, to review a woman’s case and provide a report dealing with her diagnosis, in order for the court to authorise a package of care which deprives her of her liberty.
Oct 03, 2023

Social workers body expresses opposition to Liberty Protection Safeguards delays

The British Association for Social Workers (BASW) has written to the Minister for Social Care, Helen Whately, about the decision to delay the implementation of the Liberty Protection Safeguards (LPS), and therefore “failing to regard the everyday crisis situations that face many of the most vulnerable people”.

  MORE FEATURES

January 19, 2024

Capacity in context – a paradigm case

Alex Ruck Keene KC (Hon) analyses a recent ruling where the judge’s observations about capacity, and in particular how to approach questions of capacity under constraint, are of broader application.
December 19, 2023

Mental health reform in Wales

Is Wales striking out alone on mental health reform? Alex Ruck Keene KC (Hon) looks at recent developments.
December 13, 2023

Capacity and ending a tenancy

If someone lacks mental capacity, there can be difficulties when it comes to the management of a tenancy, writes Amy Tagoe.
November 29, 2023

All change for commissioning health and social care

Now that the Procurement Act 2023 has received royal assent and the Health Care Services (Provider Selection Regime) Regulations 2023 have been laid before parliament, Emma Watt, Steven Brunning and Amy Callahan-Page summarise the key changes affecting how adult social care services and health services will be commissioned and procured.
November 27, 2023

The Care Act 2014 and appeal mechanisms

Must there be an appeal mechanism against local authority decisions under the Care Act 2014? Leon Glenister reports on a recent ruling.
October 31, 2023

Capacity, sexual relations and disclosure

Brett Davies examines a Court of Protection case that considered whether a 34-year-old man lacked capacity to make decisions about engagement in sexual relations, about disclosing information about the risk of sexual harm he poses to others, and about allowing the local authority to disclose information about the risk of sexual harm he poses to others.
September 08, 2023

Dialysis and different realities – the Court of Protection has to decide

In a recent ruling a senior judge has helpfully reminded us of the fact that a person with cognitive impairments may be operating within a very different reality to everyone else does not mean that it is a reality which can simply be ignored, writes Alex Ruck Keene KC (Hon).
August 22, 2023

Ineligibility to be deprived of liberty under Schedule 1A Mental Capacity Act

Alex Ruck Keene KC (Hon), Neil Allen, Eliza Sharron and Arianna Kelly analyse the outcome of a complex appeal in the Court of Protection considering when a person is ineligible to be deprived of their liberty under Schedule 1A Mental Capacity Act. They also look at the judge’s suggestions for resolving ‘stalemate’ situations.