Court of Protection case law update: February 2024

Lauren Gardner and Eleanor Suthern round up the latest Court of Protection cases of interest to practitioners. 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.
SPOTLIGHT

A zero sum game?

The number of SEND tribunal cases is rising and the proportion of appeals ‘lost’ by local authorities is at a record high. Lottie Winson talks to education lawyers to understand the reasons why, and sets out the results of Local Government Lawyer’s exclusive survey.

  NEWS

  FEATURES AND ANALYSIS

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.
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.

  MORE NEWS

Nov 23, 2023

Councils do not fully understand personal budget process, Ombudsman warns

A report by the Local Government and Social Care Ombudsman has found that “too often” parents of children with special educational needs and disabilities (SEND) are not being given a choice in how their children are supported because their local councils “do not fully understand the personal budget process”.
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”.
Aug 23, 2023

Court of Protection judge declines to order dialysis for autistic man

A Court of Protection judge has declined to order dialysis for an autistic man lacking capacity, concluding that forced restraint either in the face of his expressed opposition or at a time when he is no longer able to resist, would “compromise his dignity”.

  MORE FEATURES

September 22, 2023

Unpacking community contributions

Rohini Vekaria analyses recent developments in relation to community contributions, in particular in relation to education and healthcare.
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 04, 2023

Court of Protection case update

Lauren Gardner and Eleanor Suthern round up the latest Court of Protection cases of interest to practitioners.
July 20, 2023

Update on the DoL Streamlined Procedure

At a South West Court of Protection User Group Meeting on 26 June 2023, Her Honour Judge Hilder provided some updates that are relevant nationally, writes Hannah Taylor.
March 17, 2023

Assessing capacity: the principles

Alex Ruck Keene KC (Hon) reports on a capacity masterclass from MacDonald J in the Court of Protection, and highlights an updated capacity guide from 39 Essex Chambers.
March 10, 2023

Mind the funding gap

Nicola Gooch looks at the curious case of s.106 contributions funding NHS services.
January 13, 2023

LPS consultation and ‘go live’ planning

Lynette Wieland and Kelsey Richardson outline the key points of the draft Code of Practice and Regulations for the Liberty Protection Safeguards – and share their top tips for preparing for the go live date.
November 18, 2022

Injunctions in the Court of Protection

Simon Lindsay and Ruth Atkinson-Wilks explore injunctions in the Court of Protection and examine a helpful tool for giving effect to best interests decisions.
November 11, 2022

Hospital trusts, section 106 requests and CIL compliance

Later this year at a hearing in the High Court in London, an issue involving local authorities and developers on whether section 106 requests from hospital trusts are CIL compliant will be litigated. It is expected that the decision will shed some light on an important issue for public authorities and private developers alike, writes Clare Sinnott.
October 21, 2022

Suspension of live procurements

A claimant recently obtained a suspension of a live procurement with no cross-undertaking in damages. Richard Binns and Lloyd Nail analyse the court’s ruling.
October 14, 2022

ICS lessons

Three months on from the commencement of the new statutory Integrated Care Systems (ICS) Anja Beriro and Gerrard Hanratty reflect on the main themes and issues that have come from the new relationship between local government and health.