‘A High Court judge has refused to lift the automatic suspension in place following a legal challenge to the proposed award of a contract for adult community health services.’
Local Government Lawyer, 22nd October 2018
Source: www.localgovernmentlawyer.co.uk
‘Stuart-Smith J’s judgment in Lancashire Care NHS Foundation Trust & Blackpool Teaching Hospitals NHS Foundation Trust v Lancashire County Council provides helpful guidance on how not to conduct moderation meetings and highlights the defendant’s failure to provide adequate reasons for its decision making. What it does not provide is a finding on who deserved to win the contract.’
Practical Law: Construction Blog, 16th July 2018
‘In the recent case of R (Hutchinson & Anor) v Secretary of State for Health and Social Care & Anor the Administrative Court considered a challenge to the creation of a new model for the provision of health and social care in England.’
Community Care Blog, 10th July 2018
Source: communitycare11kbw.com
‘This case was decided on the basis of the legal regime now replaced by the Care Act 2014 (in force since 1 April 2015).’
Garden Court Chambers, 10th November 2017
Source: www.gardencourtchambers.co.uk
‘Tinsley v Manchester City Council & others [2017] EWCA CIV 1704. The question in the appeal: Is a person who has been compulsorily detained in a hospital for mental disorder under section 3 of the Mental Health Act 1983 (“the 1983 Act”) and has then been released from detention but still requires “after-care services” entitled to require his local authority to provide such services at any time before he had exhausted sums reflecting the costs of care awarded to him in a judgment in his favour against a negligent tortfeasor.’
Zenith PI, 13th November 2017
Source: zenithpi.wordpress.com
‘Manchester City Council has lost an appeal over whether a person who has been compulsorily detained in a hospital for mental disorder under the Mental Health Act 1983 and has then been released from detention but still requires “after-care services” is entitled to require his local authority to provide such services at any time before he has exhausted the sums received in damages from his personal injury claim.’
Local Government Lawyer, 3rd November 2017
Source: localgovernmentlawyer.co.uk
‘This paper examines a selection of those of the more interesting cases to those acting for defendants over the past two years.’
Byrom Street Chambers, 26th September 2017
Source: www.byromstreet.com
‘The Care Quality Commission (CQC) has improved as an organisation, but must overcome “some persistent issues with the timeliness of some of its regulation activities”, the National Audit Office (NAO) has found.’
Local Government Lawyer, 19th October 2017
Source: www.localgovernmentlawyer.co.uk
‘Last Friday the Court of Appeal delivered judgment in R (Davey) v Oxfordshire CC [2017] EWCA Civ 1308. This is the first time the Court of Appeal has examined the provisions of the Care Act 2014.’
Community Care Blog, 7th September 2017
Source: communitycare11kbw.com
‘The Local Government and Social Care Ombudsman (LGO) has criticised a London borough after two brothers with learning difficulties saw their care and support packages reduced without their mother being told why.’
Local Government Lawyer, 7th September 2017
Source: localgovernmentlawyer.co.uk
‘A London borough has agreed to pay out more than £10,000 after an investigation by the Local Government and Social Care Ombudsman into how a grandmother was left without respite for two years.’
Local Government Lawyer, 13th July 2017
Source: localgovernmentlawyer.co.uk
‘Reports of abuse and neglect of the elderly have risen by one third, amid warnings from GPs that the care system is “rapidly disintegrating”. The number of cases referred to social services under safeguarding rules has soared, new figures show, with more than 5,600 referrals last year – an increase of 33 per cent in two years.’
Daily Telegraph, 20th June 2017
Source: www.telegraph.co.uk
‘A High Court judge has given a disabled man permission to bring a legal challenge against a county council after it decided to reduce his care package.’
Local Government Lawyer, 14th June 2016
Source: www.localgovernmentlawyer.co.uk
‘Solihull Metropolitan Borough Council has agreed to refund more than 60 older people if they are found to have been overcharged for care, following an investigation by the Local Government Ombudsman.’
Local Government Lawyer, 2nd June 2016
Source: www.localgovernmentlawyer.co.uk
‘Austerity Britain is shrinking the public sector and accelerating the process of contracting out services. However, the legal protections contracting out gives to service users are piecemeal and inadequate, raising very real concerns about how findings of unlawfulness are to be addressed.’
UK Constitutional Law Association, 30th November 2015
Source: www.ukconstitutionallaw.org
‘A High Court judge has quashed a council’s decision to reduce the community care provision for a 23-year-old man with learning and communication difficulties.’
Local Government Lawyer, 2nd July 2015
Source: www.localgovernmentlawyer.co.uk
‘he Department of Health’s cost estimates and chosen funding mechanisms for implementing the first phase of the Care Act 2014 have put local authorities under increased financial risk given the uncertain level of demand for adult social care, the National Audit Office has said.’
Local Government Lawyer, 11th June 2015
Source: www.localgovernmentlawyer.co.uk
‘A statute modernising adult social care law that came into force this month could expose local authorities to greater litigation risks.’
Law Society’s Gazette, 27th April 2015
Source: www.lawgazette.co.uk
‘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
‘A disabled adult has successfully challenged in the High Court aspects of a county council’s policy on charging for adult non-accommodation services.’
Local Government Lawyer, 5th March 2015
Source: www.localgovernmentlawyer.co.uk
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