The Care Act 2014: Overview – Thirty Nine Essex Street

Posted March 20th, 2015 in carers, community care, health, local government, news, social services by sally

‘The Care Act adopts and implements many of the recommendations of the Law Commission on Adult Social Care (published 11 May 2011). It is the largest single piece of community care legislation since the great Beveridge reforms of 1948, sweeping away and re-codifying more than 50 years worth of law and policy.’

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Thirty Nine Essex Street, February 2015

Source: www.39essex.com

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Sanneh v Secretary of State for Work and Pensions; Scott and others v Croydon London Borough Council; Merali and others v Birmingham City Council; Regina (HC) v Secretary of State for Work and Pensions and others – WLR Daily

Posted February 19th, 2015 in appeals, benefits, carers, EC law, housing, law reports, regulations, social security by sally

Sanneh v Secretary of State for Work and Pensions; Scott and others v Croydon London Borough Council; Merali and others v Birmingham City Council; Regina (HC) v Secretary of State for Work and Pensions and others [2015] EWCA Civ 49; [2015] WLR (D) 61

‘European Union law gave a Zambrano carer, being a non-European Union citizen responsible for the care of an EU citizen child, the right to reside in the United Kingdom from the time when it became apparent that she qualified as a Zambrano carer. However, it did not give her an entitlement to social assistance on the same basis as an EU citizen lawfully resident in the UK. It was for national law to determine the level of benefits to which she was entitled.’

WLR Daily, 10th February 2015

Source: www.iclr.co.uk

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Zambrano carers and social assistance – NearlyLegal

Posted February 16th, 2015 in appeals, benefits, carers, citizenship, EC law, equality, homelessness, housing, human rights, news by sally

‘There must be times when Court of Appeal judges think that they have bit parts in an ongoing drama – they have a walk on role. And that must be how the Court felt in Sanneh v SSWP and others [2015] EWCA Civ 49, which concerns the eligibility rules for Zambrano carers of a raft of social assistance benefits. Leading QCs and junior barristers appeared on all sides in a right ding dong that is bound to end up at the Supreme Court, which almost certainly will refer the issues to the CJEU. It also provides a glimpse of how the recent, potentially contradictory, judgments of the CJEU in Brey and Dano are, or might be, treated (although it looks like the UKSC will have the next bite of those rather earlier, in the Mirga and Samin appeals in March) and the question of the ambit of “social assistance”, which in itself is not uninteresting, is also raised, but parked by the CA, in these appeals ([84] – note: this is an important point for the future).’

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NearlyLegal, 12th February 2015

Source: www.nearlylegal.co.uk

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Babes out of the Forest – NearlyLegal

‘The out of borough temporary accommodation position continues to get worse, with increasing numbers of homeless shipped out of borough (and for London councils, often out of London). London Councils (pace Nzolameso v Westminster CC ) have put the DCLG ‘Supplementary Guidance on the homelessness changes in the Localism Act 2011 and on the Homelessness (Suitability of Accommodation) (England) Order 2012‘ at naught.’

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NearlyLegal, 2nd February 2015

Source: www.nearlylegal.co.uk

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Women with disabilities excluded from domestic abuse law, say campaigners – The Guardian

Posted January 29th, 2015 in bills, carers, crime, disabled persons, domestic violence, news, women by sally

‘A new law on domestic violence that criminalises “coercive control” could exclude women with disabilities, who are particularly vulnerable to such abuse, say campaigners.’

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The Guardian, 28th January 2015

Source: www.guardian.co.uk

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Children’s home owner John Allen found guilty of 26 sexual abuse charges – The Guardian

Posted November 27th, 2014 in care homes, carers, child abuse, complaints, news, police, sexual offences, social services by sally

‘The owner of a group of children’s homes has been found guilty of 26 charges of sexual abuse against troubled and vulnerable youngsters who were in his care.’

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The Guardian, 26th November 2014

Source: www.guardian.co.uk

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Another “Bedroom Tax” Challenge Fails – UK Human Rights Blog

‘At the end of May, the High Court ruled that the reduction in Housing Benefit under Regulation B13 of Housing Benefit (Amendment) Regulations – commonly dubbed “the bedroom tax” – did not unlawfully discriminate against a family with a disabled child requiring an additional bedroom for overnight careers because the shortfall was covered by discretionary housing payments.’

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UK Human Rights Blog, 4th July 2014

Source: www.ukhumanrightsblog.com

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Temporary accommodation at a peppercorn rent – NearlyLegal

Posted July 3rd, 2014 in benefits, carers, housing, immigration, local government, news, social security by sally

‘This is a fascinating judicial review case. While the specific facts might only apply to a very few people, there is an interesting principle in it which may have wider application.’

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NearlyLegal, 2nd July 2014

Source: www.nearlylegal.co.uk

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Disabled applicant not entitled under Article 8 to specific care needs – UK Human Rights Blog

‘The Strasbourg Court has ruled that local authorities are within their margin of discretion to balance individuals’ personal interests against the more general interest of the competent public authority in carrying out their social responsibility of provision of care to the community at large.’

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UK Human Rights Blog, 7th June 2014

Source: www.ukhumanrightsblog.com

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Hines v Lambeth London Borough Council – WLR Daily

Posted June 4th, 2014 in appeals, benefits, carers, children, EC law, families, housing, immigration, law reports by tracey

Hines v Lambeth London Borough Council: [2014] EWCA Civ 660; [2014] WLR (D) 238

‘A person whose right to remain in the United Kingdom had expired and who sought housing assistance under the Housing Act 1996 on the basis of a derivative right of residence as a primary carer of her son, a British citizen, would be entitled to accommodation only if her son would be effectively compelled to leave the United Kingdom if she left.’

WLR Daily, 20th May 2014

Source: www.iclr.co.uk

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Family of disabled grandchild lose spare bedroom fight – BBC News

Posted June 2nd, 2014 in appeals, benefits, carers, children, disabled persons, housing, news by sally

‘A couple who care for their severely disabled grandchild have lost an appeal against cuts to their housing benefits because they have a spare bedroom.’

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BBC News, 30th May 2014

Source: www.bbc.co.uk

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Care Act 2014

Posted May 23rd, 2014 in care homes, care workers, carers, legislation, local government, standards by sally

Care Act 2014 published

Full text of Act

Source: www.legislation.gov.uk

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Ex-ballerina forces ‘landmark’ ruling in social care, charity says – Daily Telegraph

‘A disabled former ballerina who has been locked in a six-year legal battle with her local council over night-time care has forced a “landmark” ruling which could make social workers consider the “dignity” of the elderly when assessing care provisions, age campaigners have said.’

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Daily Telegraph, 20th May 2014

Source: www.telegraph.co.uk

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In re G (A Child) (Non-relative Carer: application for leave for residence order; application for joinder to proceedings) – WLR Daily

Posted April 10th, 2014 in adoption, appeals, carers, children, law reports, residence orders by sally

In re G (A Child) (Non-relative Carer: application for leave for residence order; application for joinder to proceedings) [2014] EWCA 432; [2014] WLR (D) 159

‘Where, in adoption proceedings, an unrelated carer sought leave to be joined and to apply for a residence order, care was required in looking to the questions of: locus under the various potentially applicable statutory provisions; whether, and if so how, to have regard to a “change in circumstances”; and whether the child’s welfare was to be regarded as paramount.’

WLR Daily, 8th April 2014

Source: www.iclr.co.uk

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Carer disguised herself as 81-year-old Alzheimer’s sufferer to steal £22,000 from pensioner – Daily Telegraph

Posted March 12th, 2014 in abuse of position of trust, carers, elderly, fraud, identity fraud, news, theft by tracey

‘A carer tried to disguise herself as an 81-year-old Alzheimer’s sufferer in a bid to steal £22,000 from a pensioner’s bank account.’

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Daily Telegraph, 12th March 2014

Source: www.telegraph.co.uk

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From “Shaken Baby Syndrome” to “Non-Accidental Head Injury” – The Continuing Research and the Law – Family Law Week

‘David Bedingfield of 4 Paper Buildings charts the recent history of scientific research into serious non-accidental head injuries suffered by babies and the response of the family and criminal courts in England and Wales.’

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Family Law week, 11th March 2014

Source: www.familylawweek.co.uk

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Upper Tribunal on bedrooms – NearlyLegal

Posted January 27th, 2014 in appeals, benefits, carers, housing, interpretation, local government, news, tribunals by sally

‘There has been some excited talk about an Upper Tribunal decision on a Local Housing Allowance appeal which apparently offered a definition of ‘bedroom’. Obviously, as an Upper Tribunal decision, this would be binding on First Tier Tribunals, even though addressing LHA rather than the bedroom tax.’

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NearlyLegal, 26th January 2014

Source: www.nearlylegal.co.uk

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Ombudsman and council in standoff over £60,000-plus payment – Local Government Lawyer

Posted January 17th, 2014 in carers, compensation, complaints, delay, local government, married persons, news, ombudsmen by sally

‘The Local Government Ombudsman and a local authority are at loggerheads over a recommendation that the council pay out more than £60,000 to a man forced to become a full-time carer for his wife.’

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Local Government Lawyer, 16th January 2014

Source: www.localgovernmentlawyer.co.uk

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Christian seeks landmark ruling over Sunday shifts – Daily Telegraph

“Celestina Mba, a Christian care worker, asks the Court of Appeal to rule that she should not be forced by an employer to work on Sundays.”

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Daily Telegraph, 23rd October 2013

Source: www.telegraph.co.uk

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Vulnerable elderly ‘locked out’ of state-funded care despite reforms, study finds – Daily Telegraph

Posted October 23rd, 2013 in benefits, budgets, care homes, carers, charities, elderly, local government, news by tracey

“Hundreds of thousands of frail elderly and disabled people who need help with basic tasks such as washing and dressing will receive no assistance towards the cost of their care, despite Government reforms, experts have warned.”

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Daily Telegraph, 22nd October 2013

Source: www.telegraph.co.uk

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