Court of Protection Issues – Thirty Nine Essex Street

‘This paper provides an overview of the procedure which has been put in place to implement the streamlined process by which the Court of Protection may authorise deprivations of liberty following the Supreme Court decision in P v Cheshire West and Chester Council and P and Q v Surrey County Council [2014] UKSC 19.’

Full story (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

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Council gets High Court breach of contract claim from care provider struck out – Local Government Lawyer

Posted February 25th, 2015 in care homes, contracts, costs, fees, local government, news, residential care by sally

‘Cornwall Council has successfully applied to have a breach of contract claim brought by a care provider struck out just as a trial listed for five days was about to start.’

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Local Government Lawyer, 24th February 2015

Source: www.localgovernmentlawyer.co.uk

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In re M (Incapacitated Adult) (Best Interests Declaration: Potential Contempt) – WLR Daily

In re M (Incapacitated Adult) (Best Interests Declaration: Potential Contempt) [2015] EWCOP 3; [2015] WLR (D) 42

‘The fact that a party deliberately acted in defiance of a best interests declaration made by the Court of Protection could not, without more, trigger contempt proceedings since a declaration was ultimately no more than a formal, explicit statement or announcement and there could not be “defiance” or “enforcement” of such a declaration.’

WLR Daily, 29th January 2015

Source: www.iclr.co.uk

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Costs and care homes – Law Society’s Gazette

‘Public authority decisions are, of course, open to judicial review. However, such decisions are fundamentally the domain of the relevant decision-maker and not the court. The court’s sole function (in appropriate cases) is to review the substantive and procedural lawfulness of the decision in question but not its intrinsic merits.’

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Law Society’s Gazette, 2nd February 2015

Source: www.lawgazette.co.uk

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Clarifying entitlement to community care and health services – Hardwicke Chambers

Posted November 19th, 2013 in health, immigration, local government, news, residential care, social services by sally

“Community care services are generally provided to those with relevant assessed needs by the authority of ‘ordinary residence’. So, ordinary residence has tended to be a question for local authorities considering the entitlement to community care services. This includes accommodation and domiciliary services under the National Assistance Act 1948 (NAA 1948) and accommodation under the Children Act 1989. Ordinary residence is also relevant for identifying which local authority is the supervisory body for the purposes of the Mental Capacity Act 2005 (and, conveniently some of the deeming provisions from the NAA apply to the MCA 2005, para 183 Sched A1).”

Full story

Hardwicke Chambers, 7th November 2013

Source: www.hardwicke.co.uk

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Disabled people in legal bid to save living fund – BBC News

“The High Court is to begin hearing a challenge to government plans to scrap a £320m scheme that helps people with severe disabilities live independently.”

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BBC News, 13th March 2013

Source: www.bbc.co.uk

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May Lewis Cardiff lift death: Unlawful killing verdict – BBC News

“An inquest jury has returned a verdict of unlawful killing on a 96-year-old woman in a wheelchair who died in a lift shaft fall.”

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BBC News, 1st February 2013

Source: www.bbc.co.uk

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Residential Placement: The Upper Tribunal strikes again – Education Law Blog

Posted November 12th, 2012 in local government, news, residential care, special educational needs, tribunals by sally

“Special educational needs (“SEN”) cases involving residential placements are often particularly contentious: the pupil will often have (or be alleged to have) particularly significant SENs, but the local authority will be potentially facing a very large bill for such a placement. The issue has again been considered by the Upper Tribunal in London Borough of Hammersmith and Fulham v JH [2012] UKUT 328 (AAC).”

Full story

Education Law Blog, 12th November 2012

Source: www.education11kbw.com

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Elderly home care failures breach human rights, report finds – The Guardian

“Equality and Human Rights Commission says elderly people face unchecked ‘ageism’ from council-funded home care.”

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The Guardian, 23rd November 2011

Source: www.guardian.co.uk

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Regina (SL) v Westminster City Council (The Medical Foundation and another intervening) – WLR Daily

Posted August 15th, 2011 in asylum, law reports, local government, mental health, residential care by sally

Regina (SL) v Westminster City Council (The Medical Foundation and another intervening) [2011] EWCA Civ 954; [2011] WLR (D) 275

“On the true meaning of section 21(1)(a) of the National Assistance Act 1948, as amended, an asylum seeker suffering from depression and mental health difficulties who had been granted indefinite leave to remain was entitled to residential accommodation if the local authority had provided a programme of assistance and support to him through a care co-ordinator, since such provision of assistance would be otiose without the additional provision of housing.”

WLR Daily, 10th August 2011

Source: www.iclr.co.uk

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Regulator to review care system after Winterbourne View abuse scandal – The Guardian

Posted June 8th, 2011 in abuse of position of trust, media, mental health, news, residential care by tracey

“Dame Jo Williams, chair of the Care Quality commission, pledges rethink of residential care for people with learning difficulties following exposé of abuse at Bristol hospital.”

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The Guardian, 7th June 2011

Source: www.guardian.co.uk

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Regina (M) v Slough Borough Council – Times Law Reports

Posted September 5th, 2008 in housing, law reports, medicines, residential care by sally

Regina (M) v Slough Borough Council

House of Lords

“A person’s need for a refrigerator in which to keep his medication was not sufficient to entitle him to residential accommodation.”

The Times, 5th September 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

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R (M) v Slough Borough Council – WLR Daily

Posted August 13th, 2008 in housing, law reports, medicines, residential care by sally

R (M) v Slough Borough Council [2008] UKHL 52; [2008] WLR (D) 292

“A person’s need for a refrigerator in which to keep medication did not amount to ‘need of care and attention’ within s 21(1)(a) of the National Assistance Act 1948 (as amended) so as to entitle him to residential accommodation.”

WLR Daily, 12th August 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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R (L) v Merton London Borough Council – WLR Daily

Posted June 16th, 2008 in children, disabled persons, law reports, residential care by sally

R (L) v Merton London Borough Council; [2008] WLR (D) 191

“The Arrangements for Placement of Children (General) Regulations 1991 (SI 1991/890), reg 13 did not impose a maximum of 120 days of respite care in a 12-month period, although Department of Health guidance (‘Respite care: series of short-term placements of children’ (LAC (95) 14) ) appeared to indicate otherwise.”

WLR Daily, 12th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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