A blind eye to Nelson – Nearly Legal

Posted May 14th, 2015 in benefits, housing, news, social services, tribunals by tracey

‘A couple of bedroom tax decisions, one Upper Tribunal, one FTT, both of which involve findings for the tenant in the landscape after the Upper Tribunal decision in Nelson (SSWP v David Nelson and Fife Council, SSWP v James Nelson and Fife Council [2014] UKUT 0525 (AAC) – our report). Given that we appear to be stuck with the bedroom tax for the next 5 years at least, this is the landscape unless the Supreme Court does something dramatic in MA & Ors.’

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Nearly Legal, 12th May 2015

Source: www.nearlylegal.co.uk

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Ofsted inspections harm children’s services, says report – BBC News

Posted April 29th, 2015 in children, local government, news, school children, social services, teachers by sally

‘Ofsted inspections of children’s services are outdated and do not always protect vulnerable children, according to a new report.’

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BBC News, 29th April 2015

Source: www.bbc.co.uk

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Confusion reigns over new social care laws – Law Society’s Gazette

Posted April 27th, 2015 in community care, local government, news, social services, statutory duty by sally

‘A statute modernising adult social care law that came into force this month could expose local authorities to greater litigation risks.’

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Law Society’s Gazette, 27th April 2015

Source: www.lawgazette.co.uk

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Rents and Equality. Barnet, again – Nearly Legal

‘It appears that Barnet Council (via the Mayor’s casting vote) are determined to carry on with their plan to raise rents for council tenants, new and existing, to 80% of market rent or top of LHA rates, whichever is lowest.’

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Nearly Legal, 15th April 2015

Source: www.nearlylegal.co.uk

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Child sexual exploitation disruption orders: preventing is better than reacting – Halsbury’s Law Exchange

Posted April 10th, 2015 in child abuse, crime prevention, news, police, social services by tracey

‘The Local Government Association (LGA) has called for new orders to curb sexual predators, stating that the next government should introduce a new type of banning order to stop those suspected of grooming children for sexual exploitation.The LGA is calling for the introduction of “disruption orders”, which would be backed by the courts and give social workers and police a way of intervening in child sexual exploitation when they suspect something is going on, but cannot provide evidence to bring a criminal prosecution without a child having been already harmed.’

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Halsbury’s Law Exchange, 9th April 2015

Source: www.halsburyslawexchange.co.uk

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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).’

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Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

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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

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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.’

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Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

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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.’

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Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

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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.’

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(PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

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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. ‘

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Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

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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.’

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Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

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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

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Health and Social Care (Safety and Quality) Act 2015 – legislation.gov.uk

Posted April 1st, 2015 in health, legislation, social services by sally

Health and Social Care (Safety and Quality) Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

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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.’

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BBC News, 1st April 2015

Source: www.bbc.co.uk

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Father who insisted he had a right to smack his children has son and daughter taken into care – Daily Telegraph

‘The father, from Rotherham, was completely open with social workers about his conviction that children benefit from corporal punishment.’

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Daily Telegraph, 27th March 2015

Source: www.telegraph.co.uk

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Grooming bans could stop child sex abuse say councils – BBC News

Posted March 26th, 2015 in local government, news, sexual grooming, social services by sally

‘Councils in England and Wales want new powers to combat predatory men suspected of grooming children for sex.’

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BBC News, 26th March 2015

Source: www.bbc.co.uk

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Amina Agboola murder: Death ‘not preventable’, review concludes – BBC News

Posted March 20th, 2015 in child cruelty, domestic violence, murder, news, reports, social services by tracey

‘The death of a toddler killed by a violent kick to her stomach by her mother’s boyfriend could not have been foreseen, a report has concluded.’

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BBC News, 19th March 2015

Source: www.bbc.co.uk

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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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‘How not to embark upon, and pursue, a care case’ – Park Square Barristers

Posted March 19th, 2015 in care orders, news, placement orders, social services by sally

‘In the 2014 case Re R (A Child) [2014] EWCA Civ 1625, the president considered the post-Re B & -Re B-S landscape, stressing that ‘Re B-S was not intended to change and has not changed the law’ [para. 44] on adoption. The president’s judgment clarified that, in the wake of Re B and Re B-S, it is not right to say that an application for a placement order now has to ‘surmount a much higher hurdle’ or to exclaim that ‘adoption is over’.’

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Park Square Barristers, 25th February 2015

Source: www.parksquarebarristers.co.uk

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