Ombudsman report finds council wrongly accused woman of using abusive language, stopped Care Act assessment – Local Government Lawyer

‘The Royal Borough of Greenwich has been told by the Local Government and Social Care Ombudsman that it need not compensate a woman it wrongly accused of using abusive language to a staff member.’

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Local Government Lawyer, 21st October 2020

Source: www.localgovernmentlawyer.co.uk

Judge criticises council for failure to implement recommendations of First-tier Tribunal – Local Government Lawyer

Posted July 16th, 2020 in autism, children, community care, local government, news by tracey

‘The London Borough of Barnet gave “disingenuous” and “erroneous” reasons for departing from the recommendations of the First-Tier Tribunal (FTT) in a case concerning an autistic boy’s care, a judge has ruled.’

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Local Government Lawyer, 16th July 2020

Source: www.localgovernmentlawyer.co.uk

County council in legal action against Health Secretary over ‘ordinary residence’ determination – Local Government Lawyer

‘Worcestershire County Council has started legal action against the Secretary of State for Health and Social Care, Matt Hancock, in a dispute over which council should care for someone under the Mental Health Act 1983.’

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Local Government Lawyer, 25th June 2020

Source: www.localgovernmentlawyer.co.uk

High Court judge issues mandatory order requiring council to provide urgent night-time support for disabled brothers – Local Government Lawyer

‘A local authority acted unlawfully after it failed to provide night-time care and support to two adult brothers with severe physical and learning disabilities pending a full needs reassessment, a High Court judge has ruled.’

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Local Government Lawyer, 8th June 2020

Source: www.localgovernmentlawyer.co.uk

Disabled woman starved to death at home after carer visited own mother instead – The Independent

Posted August 29th, 2019 in care workers, community care, homicide, negligence, news, sentencing, social services by tracey

‘A care worker who left a severely disabled woman to starve to death in her home has been convicted of gross negligence manslaughter.’

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The Independent, 28th August 2019

Source: www.independent.co.uk

Judge refuses to lift suspension on award of community health services contract – Local Government Lawyer

Posted October 23rd, 2018 in community care, contracting out, contracts, health, hospitals, news by sally

‘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.’

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Local Government Lawyer, 22nd October 2018

Source: www.localgovernmentlawyer.co.uk

To re-score or not to re-score: procurement challenge of health care services tender – Practical Law: Construction Blog

Posted July 16th, 2018 in community care, health, news, public procurement by tracey

‘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.’

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Practical Law: Construction Blog, 16th July 2018

Source: constructionblog.practicallaw.com

Legal challenge to the new model of health and social care bodies – Community Care Blog

Posted July 13th, 2018 in community care, contracting out, contracts, health, news by tracey

‘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.’

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Community Care Blog, 10th July 2018

Source: communitycare11kbw.com

Ordinary Residence – Whether Duty Arose Under 21 National Assistance Act 1948 – s. 21 A Duty of Last Resort (A Pre-Care Act 2014 Case) – Garden Court Chambers

‘This case was decided on the basis of the legal regime now replaced by the Care Act 2014 (in force since 1 April 2015).’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

“After care services” – when is a local authority required to provide after care services – s.3 mental health act 1983 – Zenith PI

Posted November 15th, 2017 in community care, detention, local government, mental health, news by tracey

‘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.’

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Zenith PI, 13th November 2017

Source: zenithpi.wordpress.com

Council loses appeal over after-care services and personal injury damages – Local Government Lawyer

Posted November 3rd, 2017 in appeals, community care, local government, mental health, news by tracey

‘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.’

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Local Government Lawyer, 3rd November 2017

Source: localgovernmentlawyer.co.uk

Case Law Update – Byrom Street Chambers

‘This paper examines a selection of those of the more interesting cases to those acting for defendants over the past two years.’

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Byrom Street Chambers, 26th September 2017

Source: www.byromstreet.com

CQC improving but must tackle issues in regulation activities: watchdog – Local Government Lawyer

Posted October 20th, 2017 in auditors, community care, health, news, standards by sally

‘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.’

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Local Government Lawyer, 19th October 2017

Source: www.localgovernmentlawyer.co.uk

R (Davey) v Oxfordshire CC in the Court of Appeal – Community Care Blog

‘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.’

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Community Care Blog, 7th September 2017

Source: communitycare11kbw.com

Ombudsman criticises council for errors in children’s complaints handling – Local Government Lawyer

Posted September 8th, 2017 in community care, complaints, learning difficulties, local government, news, reasons by tracey

‘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.’

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Local Government Lawyer, 7th September 2017

Source: localgovernmentlawyer.co.uk

Council agrees £10k-plus payout after grandmother left without respite – Local Government Lawyer

‘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.’

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Local Government Lawyer, 13th July 2017

Source: localgovernmentlawyer.co.uk

Soaring abuse of elderly amid warnings care system ‘disintegrating’ – Daily Telegraph

Posted June 30th, 2017 in assault, care homes, community care, elderly, news, social services, statistics by tracey

‘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.’

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Daily Telegraph, 20th June 2017

Source: www.telegraph.co.uk

Disabled claimant given green light to challenge cuts to care package – Local Government Lawyer

Posted June 15th, 2016 in community care, disabled persons, local government, news by sally

‘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.’

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Local Government Lawyer, 14th June 2016

Source: www.localgovernmentlawyer.co.uk

Council to refund care payments to 63 people after Ombudsman report – Local Government Lawyer

Posted June 3rd, 2016 in community care, elderly, local government, news, ombudsmen, repayment by sally

‘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.’

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Local Government Lawyer, 2nd June 2016

Source: www.localgovernmentlawyer.co.uk

Austerity and Public Law: Richard Clayton QC: Accountability, Judicial Scrutiny and Contracting Out – UK Constitutional Law Association

‘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.’

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UK Constitutional Law Association, 30th November 2015

Source: www.ukconstitutionallaw.org