Life Expectancy, Expert Evidence, the Strauss Tables and the Relevance of the Quality of Care: Detailed Consideration by the High Court – Zenith PI Blog

‘This Blog has already looked at the case of Robshaw -v- United Lincolnshire Hospital NHS Trust [2015] EWHC 923 (QB) in the context of judicial consideration of the basic principles of the law of damages. However the judgment of Mr Justice Foskett also contains some important observations in relation to life expectancy. In particular the approach to be taken when dealing with evidence from experts and statistical analysis.’

Full story

Zenith PI Blog, 12th April 2015

Source: www.zenithpi.wordpress.com

Comments Off

Deprivation of liberty guidance clarifies rules – Law Society’s Gazette

‘The Law Society has today issued new guidance on deprivation of liberty safeguards (DOLS) to help lawyers meet an expected 10-fold surge in the number of legal challenges to DOLS over the coming year.’

Full story

Law Society’s Gazette, 9th April 2015

Source: www.lawgazette.co.uk

Comments Off

The Care Act 2014: Charging for Care and Support – Doughty Street Chambers

Posted April 2nd, 2015 in costs, disabled persons, elderly, news, social services by sally

‘This paper considers the key changes introduced by the Care Act 2014 (“the Act”) in
relation to charging for care and support, including deferred payments. (It does not
set out each element of the charging scheme, much of which is unchanged).’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

Comments Off

The Care Act 2014: Carer’s Needs and Eligibility – Doughty Street Chambers

Posted April 2nd, 2015 in carers, disabled persons, elderly, legislation, news, social services by sally

‘This paper considers the eligibility criteria in relation to carers under the Care
Act 2014 (“the Act”), and what duties and powers local authorities are under
to meet eligible needs. The eligibility provisions in the Act are augmented by
the Care and Support Statutory Guidance of October 2014 (“the Guidance”),
Chapter 6, Assessment and eligibility.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

Comments Off

Safeguarding and the Care Act 2014 – Doughty Street Chambers

Posted April 2nd, 2015 in disabled persons, elderly, local government, news, social services by sally

‘This paper provides a brief overview of the provisions of the Care Act 2014
(“CA 2014”) and accompanying guidance directed at safeguarding vulnerable
adults.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

Comments Off

Introduction to the Care Act 2014 – Doughty Street Chambers

‘This paper deals with the following issues:
a. Establishing ordinary residence
b. Dispute resolution mechanism
c. Financial adjustment between local authorities
d. Prisoners
e. Challenges and appeals.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

Comments Off

The Care Act 2014: Overview of the Act and the New “General Responsibilities – Doughty Street Chambers

‘This paper gives an overview of the structure and objectives of the Care Act
2014 (“the Act”). It also considers the new “general responsibilities” on local
authorities set out in sections one to seven of the Act.’

Full story
(PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

Comments Off

The Care Act 2014: Care Planning – Doughty Street Chambers

‘This section deals with the law when local authorities are required or have
decided to meet the needs of adults who need care and support or support
(carers). As they are not yet in force the rules which are specific to selffunders and the ‘care-cost cap” have been left out. ‘

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

Comments Off

The Care Act 2014: Eligibility Criteria, Duties and Powers in Respect of Adults in Need of Care and Support – Doughty Street Chambers

‘This section deals with the eligibility criteria and the powers and duties in respect of adults in need of ‘care and support’. The new powers and duties in relation to those who provide adults with care are dealt with separately.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

Comments Off

The Care Act 2014: The Duty to Assess Need – Doughty Street Chambers

‘This paper considers the duties to undertake assessments of care needs in the Care
Act 2014 (“the Act”), including the primary duty under section 9, the duty to assess
carers under section 10; the transition assessment duties and the out of area
transfer duties under sections 58 and 37 respectively.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

Comments Off

High Court finds council policy on disability living allowance and DHPs “unlawful” – Local Government Lawyer

‘ local authority’s policy of taking into account the care component of disability living allowance when assessing the amount of a discretionary house payment (DHPs) was unlawful, a High Court judge has ruled.’

Full story

Local Government Lawyer, 31st March 2015

Source: www.localgovernmentlawyer.co.uk

Comments Off

Care system gets ‘biggest shake-up in 60 years’ – BBC News

‘Major changes to the care system in England are being introduced in what is being dubbed the biggest shake-up for 60 years.’

Full story

BBC News, 1st April 2015

Source: www.bbc.co.uk

Comments Off

Discretionary Housing Payments – the trouble with DLA – Nearly Legal

‘Oh, we have been waiting for this one. According to DWP survey evidence, some 75% of Councils take Disability Living Allowance into account as income when deciding on an award of Discretionary Housing Payments. This judicial review concerned Sandwell Council’s policy of doing just that. The implications are clearly of significance for other councils, and will potentially impact many disabled people faced with the bedroom tax.’

Full story

Nearly Legal, 30th March 2015

Source: www.nearlylegal.co.uk

Comments Off

Mental Capacity Law Newsletter – Thirty Nine Essex Street

Mental Capacity Law Newsletter (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

Comments Off

Supreme Court considers tests for justification under s15 Equality Act 2010 and Article 8 ECHR in a housing eviction case against a disabled tenant – Cloisters

‘The Supreme Court handed down its decision yesterday in Akerman-Livingstone v. Aster Communities Ltd (formerly Flourish Homes Ltd) [2015] UKSC 15 in which it considered the test of justification for discrimination under section 15 of the Equality Act 2010 (the EqA) as compared with justification for Article 8 of the Convention.’

Full story

Cloisters, 12th March 2015

Source: www.cloisters.com

Comments Off

Hydrotherapy in the home – Cloisters

Posted March 17th, 2015 in birth, costs, damages, disabled persons, news, proportionality by sally

‘In the recent case of A (A Child) v University Hospitals of Morecambe Bay NHS Foundation Trust [2015] EWHC 366 (QB) the claimant was awarded the cost of installing a hydrotherapy pool in her home. Here we look at the circumstances in which a defendant will be ordered to pay such expensive costs.’

Full story

Cloisters, 9th March 2015

Source: www.cloisters.com

Comments Off

Disabled adult wins High Court battle with council over charges for services – Local Government Lawyer

‘A disabled adult has successfully challenged in the High Court aspects of a county council’s policy on charging for adult non-accommodation services.’

Full story

Local Government Lawyer, 5th March 2015

Source: www.localgovernmentlawyer.co.uk

Comments Off

Jimmy Savile and the complex question of victim compensation – The Guardian

‘It is now known that 60 people from Stoke Mandeville hospital were abused by Jimmy Savile. But will they and his other victims receive compensation? And where will the money come from?’

Full story

Daily Telegraph, 26th February 2015

Source: www.telegraph.co.uk

Comments Off

Jimmy Savile scandal: Anger as no one is blamed for allowing abuse in hospitals – Daily Telegraph

Posted February 27th, 2015 in child abuse, disabled persons, hospitals, news, reports, sexual offences by tracey

‘Jimmy Savile’s victims have reacted with anger after a series of reports into his decades of abuse failed to apportion blame to any senior NHS managers. More than 40 hospitals, including Stoke Mandeville – where Savile abused at least 60 victims during a 24-year reign of terror – have investigated how the entertainer was allowed to get away with his crimes for so long. But victims branded the findings a “whitewash”, after NHS bosses claimed they had no idea what was going on.’

Full story

Daily Telegraph, 26th February 2015

Source: www.telegraph.co.uk

Comments Off

Jimmy Savile NHS investigations: lessons learned – Department of Health

Posted February 27th, 2015 in child abuse, disabled persons, hospitals, reports, sexual offences by tracey

‘The Secretary of State for Health asked former barrister Kate Lampard to produce a ‘lessons learned’ report, drawing on the findings from all published investigations and emerging themes.’

Full report

Department of Health, 26th February 2015

Source: www.gov.uk/government/publications

Comments Off