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Adult Social Care

Cumbria Vacancies

Transfers from hospital to social care

What are the key laws that need to be upheld when transferring people from NHS hospital to local authority social care? Elizabeth Ridley explains. Read more

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  FEATURES AND ANALYSIS

April 15, 2025

Provision of same-sex intimate care

A recent judicial review decision found that there is no duty to provide same-sex intimate care. Ros Foster examines the case.
April 04, 2025

High Court guidance on Article 3 engagement in care at home cases

David Lawson and Katherine Hampshire analyse the approach taken to human rights claims in claims against public bodies providing accommodation and social care. Such claims face significant hurdles and there is a growing body of guidance on where the boundary lies.
March 19, 2025

Issuing proceedings in best interests cases

Katie Viggers, Mark Barnett and Hannah Khan set out four key takeaways for Integrated Care Boards from a recent case where a senior judge stressed the “crucial significance” of issuing proceedings promptly in a best interests case.

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March 04, 2025

The interaction between housing and social care duties 

Members of the Cornerstone Barristers Housing Team set out key takeaways from three important decisions from the Court of Appeal clarifying the interaction between local authorities’ obligations under the Housing Act 1996 and social care legislation.
February 28, 2025

What is the right approach to Care Act assessments?

The High Court has provided guidance on the five stages of a Care Act assessment and on the meaning of accommodation-related care and support needs. David Lawson and Katherine Hampshire analyse six key points arising from the judgment.
February 20, 2025

Homelessness and health

Julia Jones and Julie Bennett look at government guidance which suggests that the discharging from hospital of people at risk of or experiencing homelessness is a window of opportunity to address an individual’s complex needs.
February 19, 2025

Capacity, insight and professional cultures

Alex Ruck Keene KC (Hon) looks at an important new decision from the Court of Protection where the judge identified an evidential divide on capacity between social workers and clinicians.
February 07, 2025

Setting care home fees

The High Court has quashed a decision by a city council to set an annual increase to care home fees below-inflation. Philip Rule KC looks at the lessons from the judgment.
January 21, 2025

“On a DoLS”

Alex Ruck Keene KC (Hon) reports on some mythbusting by what he says was a (rightly) exasperated Court of Protection.
January 21, 2025

It’s all about the care plan

A couple of recent Court of Protection cases illustrate two key themes, writes Sarah Erwin-Jones. They are that the care plan is king – get that clear first, and that openness, transparency and compliance with court directions is essential for local authorities.
January 17, 2025

Mental capacity and expert evidence

The Court of Appeal recently overturned a capacity ruling in a complex case. The ruling highlights the need for careful consideration of expert evidence, writes Catherine Rowlands.
December 18, 2024

Best interests, wishes and feelings

Alex Ruck Keene KC (Hon) looks at a recent Court of Protection ruling that provided a worked example in an imperfect world.
November 20, 2024

Fluctuating capacity, the “longitudinal approach” and practical dilemmas

David Lock KC asks whether a “longitudinal approach” to when decisions can lawfully be made by patients with fluctuating capacity is consistent with the Mental Capacity Act 2005 (“the MCA”) and, if it is not, whether there is a better framework that could be used to enable decisions to be taken to protect this vulnerable class of persons using the inherent jurisdiction.
November 20, 2024

Capacity and civil proceedings

Holly Tibbitts examines new recommendations from a working group of the Civil Justice Council on determining capacity to litigate in civil proceedings.