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. Read more
The Office of the Public Guardian (OPG) has revised its guidance on Court of Protection visitors, their role in preparing reports and when reports may be released.
The Vice President of the Court of Protection has allowed an appeal against final declarations regarding the residence and care of a vulnerable man, observing an “evidential divide” on capacity between the clinicians and social workers.
Devon County Council was not required to take into account various statutory duties under the Care Act and other statutory provisions when it decided to close a non-statutory service, the High Court has found.
The High Court has agreed an application from NHS Northamptonshire Integrated Care Board to lift the automatic suspension imposed when a dispute began over a contract award.
Law firm Capsticks has hired Tim Dennis, a specialist in commercial disputes including those involving public procurement related issues, as a partner in its Leeds office.
The Government’s announcement of an independent review of adult social care marks a “potentially important step” in addressing challenges facing the sector, but must deliver “bold and actionable” recommendations in order to succeed, the Local Government Association (LGA) has said.
A senior Court of Protection judge has outlined a number of considerations that should guide any assessment of a deaf individual fluent in British Sign Language (BSL), after finding that a young man was inaccurately assessed as lacking capacity in all areas.
A joint Home Office and Department for Health and Social Care (DHSC) report evaluating the implementation of the Right Care, Right Person (RCRP) approach has found that the main barrier to RCRP implementation was identified as “capacity and resourcing limitations” within health and social care.
A High Court judge has rejected a local authority’s application for a declaration from the court that because a vulnerable young person was detainable under the provisions of the Mental Health Act 1983, the court did not have jurisdiction to grant a Deprivation of Liberty (DoL) order pursuant to the inherent jurisdiction.
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.
Alex Ruck Keene KC (Hon) examines a recent High Court case concerning the Mental Health Act, ‘detainability,’ and judicial scrutiny (and the real underlying problems of children with complex needs).
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.
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.
Sarah Hutchinson summarises recent Family Division rulings on an application by a father for a boy subject to a care order to be circumcised, and an application by an NHS for permission for NG feeding and restraint in respect of a 12-year old girl with anorexia nervosa.
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.
The Department of Health and Social Care (DHSC) has launched a consultation on proposed measures that would legally require public bodies procuring goods and services for the NHS to work with suppliers to both identify and mitigate risks of modern slavery.
Mersey and West Lancashire Teaching Hospitals NHS Trust has withdrawn the award of a contract to provide electronic patient records after a losing bidder initiated legal action.
Health and Social Care Secretary Wes Streeting has said the NHS Oversight Framework, which sets out how trusts and integrated care boards are best monitored, will be updated by the next financial year to ensure performance is “properly scrutinised”.
Reforms to the “outdated” Mental Health Act will introduce statutory care and treatment plans, end the use of police and prison cells to place people experiencing a mental health crisis, and end the “inappropriate detention” of autistic people and people with learning disabilities.
An evaluation of the ‘Housing First’ pilots has confirmed a substantial improvement in the housing retention rate among participants with multiple and complex needs, and suggested that the programme has delivered value for money.
Although carers in Wales are legally entitled to a needs assessment if they appear to have needs for support or are likely to do so in the future, only 2.8% of carers across four local authorities in Wales have had their needs assessed, a report by the Public Services Ombudsman for Wales has found.
North Central London Integrated Care Board was in breach of its duty to ensure a severely disabled boy has a lawful health care plan, the High Court has found.
Too many people are waiting too long for a Deprivation of Liberty Safeguards authorisation, despite multiple examples of local authorities trying their best to reduce backlogs, the Care Quality Commission (CQC) has warned.
The Government has pledged further action to strengthen patient safety after a final report identified “significant internal failings” at the Care Quality Commission (CQC), hampering the regulator's ability to identify poor performance at hospitals, care homes and GP practices.
The Local Government and Social Care Ombudsman has found fault in the way that Stockton-on-Tees Borough Council considered an elderly woman’s best interests before placing her in a nursing home.
New data published by NHS England has shown there were an estimated 332,455 applications for Deprivation of Liberty Safeguards (DoLS) received during 2023-24 - an increase of 11% similar to the previous year, which is closer to the rate of growth seen before the pandemic.
Kent County Council has been told to pay more than £18,000 after the Local Government and Social Care Ombudsman (LGSCO) found it at fault for not providing an elderly woman with free section 117 aftercare.
The North of England NHS Commercial Procurement Collaborative (NOE CPC) is seeking to establish a new framework agreement for legal services worth up to £200m over four years.
The Department for Health and Social Care (DHSC) has updated its statutory guidance on the determination of ordinary residence disputes in light of the outcome of a Supreme Court judgment last year.
The Parliamentary and Health Service Ombudsman (PHSO) is urging Integrated Care Boards (ICBs) to “learn from mistakes and take action” to prevent other families facing unnecessary financial strain, after it found that a healthcare provider failed to properly assess and fund an elderly woman’s care.
The Local Government and Social Care Ombudsman (LGSCO) has released new guidance for council housing officers, detailing the best practice for deciding on medical assessments relating to housing applications.
An independent review has identified “significant internal failings” at the Care Quality Commission (CQC), and has warned that the regulator is unable to “consistently and effectively” judge the quality of health and care services.
NHS Resolution settled 81% of clinical claims in England without resorting to legal proceedings in 2023/24, the organisation’s annual report and accounts have revealed.
Charities have welcomed the Government’s intention to deliver reforms to the Mental Health Act, while warning that the “ambitious” measures will require funding and resources to be fully realised.
The Local Government and Social Care Ombudsman and the Parliamentary and Health Service Ombudsman have warned that local authorities and the NHS need to work more closely to improve local care, after a joint investigation found evidence of “poor communication” between services.
Significant flaws in the UK’s preparation for the pandemic resulted in the government and civil services “failing their citizens”, the first report of the Covid inquiry has found.
There are clear signs that progress is being made as a result of the establishment of integrated care systems (ICSs), a King’s Fund report has suggested.
The Technology and Construction Court has granted a declaration sought by the Secretary of State for Health and Social Care that certain documents relating to an aborted contract for Covid-19 lateral flow test kits are under the control of the main contractor in the dispute.
A group of claimants are challenging Devon County Council’s decision to close the North Devon Link drop-in services, including on the basis that the local authority failed to have regard to mandatory considerations including its duties under the Care Act 2014 and Health and Social Care Act 2012.
The Court of Appeal has dismissed appeals brought by a local authority and the Official Solicitor challenging final declarations made by a Court of Protection judge that it was in a young woman’s best interests to cease to be given covert medication, and to leave her current placement to return to live with her mother.
The Department for Health and Social Care has issued guidance for healthcare professionals about the Prevent duty, which is part of the Government's counter-terrorism strategy and works to ensure that people who are susceptible to radicalisation are offered appropriate interventions.
Governments should stop treating adult social care as a political football and make a substantial long-term investment in it to mark the tenth anniversary of the Care Act 2014.
Carlton Sadler and Siwan Griffiths look at the principal findings of the Dash and Richards reports into the Care Quality Commission and the Single Assessment Framework.
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.
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.
Lauren Gardner sets out the key differences between the Mental Health Act 1989 and Mental Capacity Act 2005, and explains when they should be used to authorise a deprivation of liberty.
His Honour Judge Burrows recently addressed two questions in relating to ‘community DoL’ applications that have bubbled away for some time. Alex Ruck Keene KC (Hon) analyses the ruling.
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.