‘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
‘The Court of Protection has castigated the actions of a County Council in depriving an old person of his liberty and dignity in their overreaction to reports that he might be subjected to financial exploitation. This, said the judge, amounted to punishing the victim for the acts of the perpetrators.’
UK Human Rights Blog, 22nd January 2015
Source: www.ukhumanrightsblog.com
‘A city council has successfully defended in the Court of Appeal its decision to close its passenger transport unit (PTU) and make alternative arrangements for users.’
Local Government Lawyer, 20th January 2015
Source: www.localgovernmentlawyer.co.uk
‘Report commissioned by NHS calls for closure of all Winterbourne View-style institutions for disabled patients but Chief Nursing Officer insists complexity of cases leading to slow progress.’
Daily Telegraph, 26th November 2014
Source: www.telegraph.co.uk
‘Mostyn J has pulled no punches in rejecting an application for a declaration that an incapacitated person, being looked after in her own home, has been deprived of her liberty contrary to Article 5. There is a very full account of the judgment on the Mental Capacity Law and Policy blog so I will keep this summary short.’
UK Human Rights Blog, 21st November 2014
Source: www.ukhumanrightsblog.com
‘When determining the lawfulness of the continued immigration detention of a person with mental illness the court’s role was to supervise the decisions made by the Home Secretary for their compliance with the law, applying the Wednesbury test of unreasonableness, and was not that of a primary decision-maker such that it had to make its own choice between medical experts.’
WLR Daily, 17th July 2014
Source: www.iclr.co.uk
‘A council’s charging policy for social care services has been found unlawful because it took account of capital derived from a claimant’s personal injury settlement.’
Local Government Lawyer, 19th June 2014
Source: www.localgovernmentlawyer.co.uk
Regina (Wiltshire Council) v Hertfordshire County Council [2014] EWCA Civ 712; [2014] WLR (D) 229
‘Where a person had been made subject to a hospital order with restrictions, then conditionally discharged, then recalled to hospital, and then conditionally discharged for a second time, for the purposes of section 117(3) of the Mental Health Act 1983 he was still to be treated as “resident in the area” of the same local authority as that in which he lived before the original hospital order was made.’
WLR Daily, 22nd May 2014
Source: www.iclr.co.uk
‘The Court of Appeal has confirmed the principle that the placing authority remains liable for funding s. 117 Mental Health Act 1983 after-care.’
Local Government Lawyer, 22nd May 2014
Source: www.localgovernmentlawyer.co.uk
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