GLD Vacancies

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. Read more

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  FEATURES AND ANALYSIS

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.
November 20, 2024

Update on the draft Mental Health Bill

There are some key provisions in the draft Mental Health Bill which are relevant and will have an impact on health and care providers and commissioners, writes Kirsty Stuart.
October 23, 2024

Court of Protection case update: October 2024

Lauren Gardner and Eleanor Suthern round up the latest Court of Protection cases of interest to practitioners, including an important ruling on representation during review periods.

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Sep 23, 2024

Ombudsman upholds care home’s complaint about funding for resident

The Local Government and Social Care Ombudsman has found Leicester City Council at fault in relation to a lack of funding support for a resident in a care home, finding that its actions led to a “financial shortfall” and a “missed opportunity to reduce the risk of harm to the Home residents”.

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September 18, 2024

Commissioning care and support in Wales: new code of practice

The Welsh Government has published a new Code of Practice which came into effect on 1 September and applies principles and standards to the commissioning of care and support services by local authorities, local health boards and NHS trusts in Wales. Emma Watt looks at the details.
August 20, 2024

The functional test for capacity

The Court of Appeal has found that there is no requirement for “belief” in the Mental Capacity Act functional test. Katie Viggers examines the ruling.
July 23, 2024

Wishes and feelings in the balance

Barristers at 39 Essex Chambers analyse the outcome of a s.21A MCA application and contested hearing of whether it was in the best interests of MA, a 90-year-old woman with a diagnosis of dementia residing in a care home, to have a trial return to her home with a package of care.
July 23, 2024

Health and social needs and EHCPs

The Upper Tribunal has, for the first time, provided detailed guidance as to the approach the First-tier Tribunal (Special Educational Needs and Disability) (“the FtT”) should take when considering whether to make recommendations as to health and social care needs/provision in Education, Health and Care Plans (“EHC Plans”). Mark Greaves looks at the key points.
July 05, 2024

A delicate balance

When is it in the best interests of an adult without capacity to be separated from her mother and covertly administered medication? A recent decision at the Court of Protection provides some guidance, writes Sarah Hutchinson.
May 31, 2024

Charging disabled persons for services

A recent challenge to Birmingham City Council’s policy to charge disabled persons for services at the statutory maximum has failed. Joe Thomas explains why.
May 21, 2024

Housing Act 1996 and Care Act 2014: how do they interact?

A local authority recently defended a Court of Appeal case focusing on how a local authority’s obligations under the Care Act 2014 interact with its obligations under Parts VI and VII of the Housing Act 1996. In particular, the Court of Appeal considered how s.23 of the Care Act should be properly interpreted, writes Joshua Swirsky.
May 10, 2024

Capacity, presumptions and catastrophe

Alex Ruck Keene KC (Hon) looks at a High Court judge's careful approach to the presumption of capacity in relation to the mother in a case about end of life treatment for one of her twin sons.
March 26, 2024

Lieven J puts the (Cheshire West) cat amongst the pigeons

A High Court judge recently refused a local authority’s application for a deprivation of liberty (DoL) order in respect of a 12-year-old girl with “profound and enduring” disabilities. Alex Ruck Keene KC (Hon) analyses the ruling.