Birmingham City Council told to change handling of care complaints – BBC News
‘A council wrongly handled complaints by families over respite care for children with disabilities, an ombudsman found.’
BBC News, 2nd March 2023
Source: www.bbc.co.uk
Category: community care
Case Comment: McCue (as guardian for Andrew McCue) v Glasgow City Council [2023] UKSC 1 – UKSC Blog
‘In this post, Erin Crawley, a trainee solicitor in the Infrastructure, Construction and Energy Disputes team at CMS, comments on the case of McCue (as guardian for Andrew McCue) v Glasgow City Council [2023] UKSC 1.’
UKSC Blog, 2nd February 2023
Source: ukscblog.com
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
‘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
New Judgment: McCue (as guardian for Andrew McCue)(AP) v Glasgow City Council (Scotland) [2023] UKSC 1 – UKSC Blog
‘This appeal is concerned with the provision of community care services to disabled persons pursuant to the Social Work (Scotland) Act 1968 (the “1968 Act”) and the charges made for such provision.’
UKSC Blog, 11th January 2023
Source: ukscblog.com
Court of Protection judge backs trial period of 92-year-old being cared for at home, saying risk was manageable – Local Government Lawyer
‘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
‘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
‘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
‘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
‘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
‘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
‘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
Disabled woman starved to death at home after carer visited own mother instead – The Independent
‘A care worker who left a severely disabled woman to starve to death in her home has been convicted of gross negligence manslaughter.’
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
‘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
‘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
Legal challenge to the new model of health and social care bodies – Community Care Blog
‘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
‘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
‘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
‘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
‘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
‘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
