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Local Authority Insight Series - the Liberty Protection Safeguards

Alex Ruck-Keene and Emma Harrison look how the new Liberty Protection Safeguards will work in practice when they replace the Deprivations of Liberty Safeguards (DOLS) next year. Read more
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  NEWS

Sep 29, 2021

"Relentless rise" in proportion of complaints about adult social care upheld, Ombudsman warns

The Local Government and Social Care Ombudsman has said a gulf exists between what the public expects from adult social care and what it delivers, and the service is “progressively failing to deliver for those who need it most”.
Sep 14, 2021

Adult social care reform plans “pose more questions than answers”: ADASS

The President of the Association of Directors of Adult Social Services (ADASS) said the organisation has been left “perplexed and concerned” that the Government’s proposals regarding adult social care funding and reform pose more questions than answers.
Sep 03, 2021

Council claims Ombudsman request for it to process DoLS applications within set time constraints “not possible”

Kent County Council has said it believes it is not possible to comply with a recommendation made by the Local Government and Social Care Ombudsman to process all Deprivation of Liberty Safeguard (DoLS) assessments in a timely manner.
Sep 01, 2021

Browne Jacobson partner appointed social care sector ambassador for charity

Amanda Wright-Kluger, a partner and solicitor-advocate at Browne Jacobson’s Nottingham office, has been appointed a social care ambassador for Championing Social Care.
Aug 31, 2021

Court of Appeal agrees to hear appeal by Health Secretary in dispute over interpretation of ‘ordinary residence’ and s.117 Mental Health Act

The Court of Appeal has granted the Department of Health and Social Care permission to appeal a key ruling on the issue of ‘ordinary residence’ for the purposes of s.117(3) of the Mental Health Act.
Aug 20, 2021

Dudley Council to refund care home fees following Ombudsman investigation

Dudley Council has agreed to refund care home top-up fees for concerned families whose relatives were not offered an affordable placement, following a Local Government and Social Care Ombudsman investigation.
Aug 17, 2021

Government withdraws emergency guidance covering Mental Capacity Act and DoLS during pandemic

The Department of Health and Social Care has withdrawn its emergency guidance on the Mental Capacity Act (2005) (MCA) and deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic.
Aug 16, 2021

Court of Protection approves Covid vaccine for man lacking capacity, but declines to authorise booster dose without another hearing

A Court of Protection judge has approved the giving of the first and second dose of a Covid-19 vaccination to a man who lacks capacity, but has declined to authorise in advance the administration of a booster dose.
Aug 12, 2021

Council and care home criticised after dispute sees son banned from visiting his mother

A council has agreed to a series of recommendations from the Local Government and Social Care Ombudsman after an investigation into a case where a man was barred from visiting his mother in a care home.
Aug 09, 2021

Centenarian nursing home resident forced to move because of funding mistakes, Ombudsman investigation finds

A number of errors by a council and a care provider led to a centenarian facing eviction from her nursing home because of unpaid fees, despite both her family and the council paying for her care, an investigation from The Local Government and Social Care Ombudsman has found.
Jul 23, 2021

High Court gives green light for challenge to DWP consultation on development of new strategy for disabled people

The High Court has allowed four disabled individuals to bring a judicial review challenge of how the Secretary of State for Work and Pensions, Thérèse Coffey, conducted the consultation on a proposed new national strategy for people with disabilities.
Jul 19, 2021

Equalities watchdog to hold inquiry into methods of challenging decisions about adult social care

The Equality and Human Rights Commission (EHRC) has launched an inquiry that will consider the effectiveness of existing methods of challenging local authority decisions about individuals’ entitlements to adult social care or support in England and Wales, including – but not limited to – complaints to local authorities and Ombuds, and judicial review.
Jul 15, 2021

Ombudsman criticises council “for taking too long to change care home charging policy”

The Local Government and Social Care Ombudsman (LGSCO) has criticised Lincolnshire County Council after a family was forced to complain for a second time about the way a relative’s care home fees were charged.

  FEATURES AND ANALYSIS

September 30, 2021

Council’s charging policy held unlawful as it discriminated against severely disabled persons

Hannah Gibbs looks at the impact of a recent High Court decision on local authority charging policies.
September 30, 2021

Social care reforms in England - how will they work in practice?

Nicola Gunn of Anthony Gold Solicitors LLP, in association with Lexis PSL, considers what the reforms will mean in practice for those who require care.
September 20, 2021

Which local authority pays for aftercare after repeated detentions?

Leon Glenister takes a look at the Department of Health & Social Care's current position on determinations on s117 Mental Health Act 1983 disputes.
September 17, 2021

Social care funding: rapid response note

Fenella Morris QC, Sian Davies and Arianna Kelly analyse the Government's proposals for social care funding reform and look at the key issues for local authorities.
September 17, 2021

The Court of Protection and “the most complex Covid patient in the world”

Alex Ruck Keene looks at the latest ruling by the Vice President of the Court of Protection on the withdrawal of treatment in a COVID context.
September 10, 2021

Mandatory Vaccination for Care Home Workers in England – Update

Rachel Murray-Smith and Francesca Gallagher look at the detail of the government's guidance on compulsory vaccination for care staff.
September 10, 2021

Capacity and the limits of decision-specificity

Alex Ruck Keene examines what can be learned from a Court of Protection judge's ruling on whether a woman had capacity in a range of areas.
September 09, 2021

Rapid response to the health and social care changes

On 7 September 2020, the Government announced changes to the funding of health and social care in the form of an increase in national insurance and a cap on individual care costs. In this webinar from 39 Essex Chambers, Fenella Morris QC, Sian Davies and Arianna Kelly respond to the plan.
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  MORE NEWS

Jul 15, 2021

London borough to revise social care charging policy after Ombudsman investigation and court ruling

The London Borough of Bexley has agreed to revise its social care charging policy after a man complained to the Local Government and Social Care Ombudsman (LGSCO) about the way the authority increased its costs.
Jul 15, 2021

No need to change on ‘Freedom Day’ how family courts and Court of Protection have been operating, says Family President

The President of the Family Division has ruled out issuing firm guidance on how the family courts and the Court of Protection should approach their work after 19 July – dubbed ‘Freedom Day’ – when coronavirus restrictions are lifted by the Government.
Jul 08, 2021

Integrated care boards to replace clinical commissioning groups as Government unveils Health and Care Bill

England is to be divided into integrated care boards and partnerships responsible for bringing together local NHS and local government, such as social care, mental health and public health advice.
Jul 05, 2021

Court of Appeal makes no order for costs after allowing appeal by mother against Court of Protection order discharging her as party to proceedings

The Court of Appeal has made no order for costs in a case where it allowed a mother's appeal against an order made in the Court of Protection discharging her as a party to proceedings concerning her highly vulnerable 19-year-old daughter.
Jul 05, 2021

Supreme Court to hear next week key case on capacity to have sexual relations

The Supreme Court will next week (15 July) hear a case over whether, to have capacity to decide to have sexual relations with another person, a person needs to understand that the other person must have the capacity to consent to the sexual activity and must in fact consent before and throughout the sexual activity.
Jul 01, 2021

CQC amends inspection regime in light of lockdown lessons

The Care Quality Commission (CQC) has adapted its routine inspections system drawing on the experience of a year of working under pandemic restrictions.
Jun 17, 2021

County council to reconsider assessment of Disability Related Expenses, following Ombudsman investigation

The Local Government and Social Care Ombudsman has found Essex County Council at fault after it told two women that their Disability Related Expenses (DREs) for Deputy services, which a court appointed, were too expensive to cover.
Jun 14, 2021

Family President launches rapid consultation on remote, hybrid and in-person hearings in family justice system and Court of Protection

The President of the Family Division, Sir Andrew McFarlane, has launched a two-week rapid consultation on remote, hybrid and in-person hearings in the family justice system and the Court of Protection.
Jun 10, 2021

Court of Protection judge considers how supervisory bodies should evidence their scrutiny of requests for authorisation of deprivation of liberty

An error in someone’s name on a form did not invalidate a standard authorisation, the Court of Protection has decided.
May 20, 2021

Senior judge declines to order Covid vaccination of 86-year-old woman

The Court of Protection has ruled that an 86-year-old woman with dementia should not be either forcibly given a Covid vaccine or deceived into accepting a jab.
May 11, 2021

Government threatened with legal action over care home guidance requiring residents to self-isolate

Law firm Bindmans said it has been instructed to bring a legal challenge to care home guidance that says residents making a visit out of the care home should isolate for 14 days on their return.
May 05, 2021

Supreme Court gives permission to appeal in capacity to consent to sexual relations case

The Supreme Court has agreed to hear a case on whether, to have capacity to decide to have sexual relations with another person, a person needs to understand that the other person must have the capacity to consent to the sexual activity and must in fact consent before and throughout the sexual activity.
Apr 27, 2021

Court of Appeal overturns order discharging mother as party in Court of Protection proceedings

The Court of Appeal has allowed an appeal from a decision by the Vice-President of the Court of Protection to discharge a mother as a party to proceedings concerning her highly vulnerable 19-year-old daughter (P).
Apr 15, 2021

Government consults on requiring care home workers to have Covid-19 vaccination

The Government has launched a five-week consultation on requiring care home providers, caring for older adults, to deploy only those workers who have received their COVID-19 vaccination.
Mar 31, 2021

Public Law Group at 39 Essex Chambers takes on three new members

39 Essex Chambers has bolstered its Public Law Group with the arrival of three new members from Kings Chambers with immediate effect.
Mar 29, 2021

Judge gives green light for judicial review challenge to decision by private care home provider to stop providing care services

A judge has given permission to apply for judicial review of a decision of a private care home provider to cases providing the relevant care services, it has been reported.
Mar 24, 2021

Department of Health and Social Care issues ‘roadmap regulations’

MPs will vote tomorrow (25 March) on the Government's ‘roadmap regulations’ setting out its proposed next phase of ‘easements’.
Mar 23, 2021

Woman left to die alone in Surrey care home, Ombudsman investigation finds

An elderly woman was left to die alone by Surrey care home staff while her daughter was waiting in a nearby room, the Local Government and Social Care Ombudsman (LGSCO) has found.
Mar 17, 2021

Ombudsman secures agreement from council to refund care costs for some people in short-term residential care

Lincolnshire County Council has agreed to refund some people it charged for short-term residential care following an investigation by the Local Government and Social Care Ombudsman (LGSCO).
Mar 12, 2021

Supreme Court to rule next week on ‘sleep in’ care workers and national minimum wage

The Supreme Court will next week hand down its ruling on whether home workers who are required to remain at home in their shift and/or residential care workers who ‘sleep in’ are entitled to the national minimum wage for time that is not spent actually performing some specific activity.
Mar 04, 2021

Ombudsman criticises council over failure to have regard to human rights of man left in care home away from family for five months

A county council left a man in a care home away from his family for five months, without having any regard for his basic human rights, a Local Government and Social Care Ombudsman (LGSCO) investigation has found.
Mar 04, 2021

Woman jailed for care payments fraud after prosecution by London borough

A woman has been jailed for a year for defrauding the Royal Borough of Greenwich over care payments.
Mar 02, 2021

Council agrees to pay nearly £7,000 after care cost calculations criticised by Ombudsman

The Local Government and Social Care Ombudsman (LGSCO) is reminding councils that people can spend their money as they wish, within reason, when paying for their own care, after an investigation found faults with the way Cornwall Council assessed a man’s finances.
Feb 23, 2021

Court of Protection and mental health tribunal specialist joins Field Court

Winsome Levy, a specialist in Court of Protection, mental health tribunal, adult social care and inquest cases, has joined Field Court Chambers.
Feb 18, 2021

Judge rules council and CCG failed lawfully to assess s.117 after care services for claimant

A discharge care plan approach (DCPA) written by the London Borough of Islington and North Central London Clinical Commissioning Group (CCG) was unlawful on nine points, the High Court has found.
Feb 17, 2021

High Court judge rejects legal challenge by county council to determination by Health Secretary in ‘ordinary residence’ dispute

The Secretary of State for Health and Social Care has successfully defended his determination in an ‘ordinary residence’ dispute between two councils over the funding of accommodation at a transitional rehabilitation unit (TRU) for a man who sustained a serious brain injury in a road traffic accident in January 1990.
Feb 08, 2021

Senior judge hails “as beacon of good practice” Court of Protection case concerning permanent relocation from England and Wales

The Vice President of the Court of Protection has hailed a case of whether it was in the best interests of a 68-year-old woman to return to Poland as “a beacon of good practice” and a paradigm for professionals who find themselves considering similar situations in the future.
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.

  MORE FEATURES

August 27, 2021

Litigation Friend appointments and costs

The High Court has ordered that a Defendant is not liable for costs incurred arising from a dispute over who the Litigation Friend should be. Sean Linley reports.
July 30, 2021

Court of Protection case law update: July 2021

Aaqib Javed and Holly Littlewood examine the latest rulings of interest to Court of Protection practitioners.
July 20, 2021

Emotional dysregulation and the use of anticipatory declarations in the Court of Protection

Dr Nicholas Todd, a Consultant Clinical Psychologist, Sam Karim QC and Aisling Campbell discuss emotional dysregulation, fluctuating capacity, capacity on a longitudinal view, anticipatory declarations and the problems with care management.
July 16, 2021

Mandatory Vaccination for Care Home Workers in England

The Government has announced that people working in care homes in England must be fully vaccinated against Covid-19 from October 2021, unless they have a medical exemption, write Rachel Murray-Smith and Francesca Gallagher.
July 15, 2021

CQC enforcement tracker

This Practice Note from LexisNexis provides a summary of key prosecutions for health and social care offences brought by the Care Quality Commission (CQC) in England since 2015. This tracker is intended to assist practitioners in monitoring the type of sentences which are being imposed for breaches of health and social care legislation.
July 09, 2021

CQC Strategy 2021 (part 2): How ratings could change and how to challenge them

Tim Coolican and Freya Cassia explore the legal and practical options available to providers if a disappointing result is received following an inspection.
July 05, 2021

CQC Strategy 2021 (Part 1): How inspections will change and how providers can prepare

Tim Coolican and Freya Cassia discuss the new Care Quality Commission's (CQC) strategy, what it means for health and social care providers and what providers can be doing to prepare for the new style inspections.
July 02, 2021

Capacity to make decisions on care and alcohol dependency

Laura Wares analyses a recent case in which the assessment of capacity of an individual with a history of alcohol misuse was considered by the court.
June 25, 2021

Court of Protection case update

Aaqib Javed and Holly Littlewood review the latest cases of interest to Court of Protection practitioners.
June 18, 2021

Substance or form?

When do repeated errors invalidate a Deprivation of Liberty Safeguards (DoLS) authorisation? Alex Ruck Keene examines a recent Court of Protection ruling.
June 18, 2021

Best interests and Covid-19 vaccination in the Court of Protection

The Court of Protection recently ruled that an 86-year-old woman with dementia should not be either forcibly given a Covid vaccine or deceived into accepting a jab. Rebecca Handcock and Hilton Harrop-Griffiths analyse the ruling.
June 04, 2021

Sex and the limits of fluctuating capacity

When and how does the concept of fluctuating capacity apply in the context of sexual relations? This was the question confronting a Court of Protection judge, writes Alex Ruck Keene.
May 28, 2021

Care Act charging policies and Article 14

Are all charging policies at risk after R(SH) v Norfolk County Council? Arianna Kelly examines an important ruling.
April 30, 2021

Paying for sex and the Court of Protection

The Vice President of the Court of Protection has issued a detailed judgment on, amongst other things, whether a care plan to facilitate contact with a sex worker could be implemented without the commission of an offence. Alex Ruck Keene examines the ruling.
April 16, 2021

Long-term leave under s.17 Mental Health Act

Arianna Kelly analyses a recent judgment in which the Upper Tribunal considered whether a s.3 Mental Health Act detention can persist during long-term s.17 Mental Health Act leave without any active connection between the patient and hospital.
April 09, 2021

Can a worker get paid for sleeping?

Some jobs such as care workers, security guards and nightwatchmen require the individual to work night shifts where they may, with the approval of their employer, sleep during some or all of the shift, but nevertheless remain on standby during that time. The Supreme Court was asked to decide how many hours such a worker should be paid for the purpose of the National Minimum Wage (NMW) which will…
March 26, 2021

Court of Protection Q&A 4: Property & Affairs

In the final instalment of their fortnightly series, Fay Collinson, Arevik Jackson and Sophie Hurst answer questions submitted live, primarily focussed on Property & Affairs in the Court of Protection.
March 26, 2021

Vaccination – looking at all the relevant circumstances

Alex Ruck Keene analyses a Court of Protection ruling on whether a 31-year-old man with a learning disability should be vaccinated against Covid-19.
March 22, 2021

Section 117 After-care and Ordinary Residence

A High Court judge has held that a new interpretation of s.117 of the Mental Health Act 1983 advanced by the Health Secretary when determining an ordinary residence dispute was wrong, and quashed the minister’s determination. The judgment gives welcome clarification on how ordinary residence, under s. 117, operates, writes Lee Parkhill.
March 16, 2021

Court of Protection Q&A Series: 3

Sophie Hurst and Richard Borrett from Kings Chambers' Court of Protection team answer questions submitted live, primarily focussed on health & welfare law.
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