community care – Current Awareness

London borough successfully defends judicial review claim as judge considers interaction between local authority obligations under Care Act 2014 and Housing Act 1996 – Local Government Lawyer

Posted January 17th, 2023 in community care, disabled persons, housing, judicial review, local government, news by sally

‘A High Court judge has dismissed a judicial review claim over the London Borough of Ealing’s decision to withdraw its funding of the claimant’s temporary bed and breakfast accommodation. The application concerned the interaction between the local authority’s obligations under the Care Act 2014 and its obligations under the Housing Act 1996.’

Local Government Lawyer, 16th January 2023

Source: www.localgovernmentlawyer.co.uk

Court of Protection judge backs trial period of 92-year-old being cared for at home, saying risk was manageable – Local Government Lawyer

Posted September 15th, 2022 in care homes, community care, Court of Protection, elderly, human rights, mental health, news by tracey

‘A Court of Protection judge has approved a trial period where a 92-year-old woman (AC) is care for in her home, in a case where the council argued that she should remain in a care home.’

Local Government Lawyer, 15th September 2022

Source: www.localgovernmentlawyer.co.uk

Lawyers limit community care cases “to help firms stay afloat” – Legal Futures

Posted May 6th, 2022 in community care, Court of Protection, law firms, legal aid, news, solicitors, statistics by tracey

‘Community care lawyers are limiting the amount and type of legal aid work they do to ensure that their firms remain financially viable, a report has found.’

Legal Futures, 6th May 2022

Source: www.legalfutures.co.uk

Equalities watchdog to hold inquiry into methods of challenging decisions about adult social care – Local Government Lawyer

Posted July 20th, 2021 in community care, equality, Equality and Human Rights Commission, human rights, inquiries, judicial review, local government, news, ombudsmen by sally

‘The Equality and Human Rights Commission (EHRC) has launched an inquiry that will consider the effectiveness of existing methods of challenging local authority decisions about individuals’ entitlements to adult social care or support in England and Wales, including – but not limited to – complaints to local authorities and Ombuds, and judicial review.’

Local Government Lawyer, 19th July 2021

Source: www.localgovernmentlawyer.co.uk

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

Posted October 22nd, 2020 in community care, compensation, local government, news, ombudsmen, racism, reports, telecommunications by sally

‘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.’

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.’

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

Posted June 25th, 2020 in community care, domicile, local government, mental health, ministers' powers and duties, news, statutory duty by sally

‘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.’

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

Posted June 9th, 2020 in community care, disabled persons, judicial review, learning difficulties, local government, news by sally

‘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.’

Local Government Lawyer, 8th June 2020

Source: www.localgovernmentlawyer.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.’

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.’

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.’

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

Posted November 22nd, 2017 in autism, community care, disabled persons, judicial review, learning difficulties, local government, London, news, social services, statutory duty by sally

‘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

“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.’

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.’

Local Government Lawyer, 3rd November 2017

Source: localgovernmentlawyer.co.uk

Case Law Update – Byrom Street Chambers

Posted October 20th, 2017 in community care, Court of Protection, damages, delay, disclosure, evidence, hospitals, medical records, negligence, news, periodical payments, personal injuries, video recordings by sally

‘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

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.’

Local Government Lawyer, 19th October 2017

Source: www.localgovernmentlawyer.co.uk

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

Posted September 8th, 2017 in community care, disabled persons, local government, news, statutory duty, statutory interpretation, treaties by tracey

‘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

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.’

Local Government Lawyer, 7th September 2017

Source: localgovernmentlawyer.co.uk

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