Cheshire East

Boosting supply of supported housing and integration of housing, health and care

Caroline Mostowfi examines government measures that seek to address demand for supported housing. Read more
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  NEWS

Jan 10, 2022

Court of Protection authorises vaccination of autistic boy despite parental objections

The benefits of vaccination against Covid-19 for a child with autism, severe learning disability and asthma "significantly outweigh" the possible risks, the Court of Protection has found, despite objections from the boy's parents.
Dec 30, 2021

Give councils greater share of new Health and Social Care Levy: LGA

The Local Government Association has called on the Government to immediately redirect a significantly greater share of the new Health and Social Care Levy to frontline adult social care.
Dec 23, 2021

Government wins appeal over which council was responsible for s.117 after-care services

The Department for Health and Social Care (DHSC) has won its appeal in a much-anticipated Court of Appeal ruling on which of two local authorities should pay for after-care services pursuant to s.117(3) of the Mental Health Act 1983 where the user has been detained, released and then, sometime later, detained again under the Act.
Dec 16, 2021

Claimants win legal challenge over decisions by council to withdraw funding for holidays and cease direct payments used for outings and recreational activities

Suffolk County Council was wrong to end payments for holidays and visits for two disabled adults, Mrs Justice Lang has ruled in the High Court.
Dec 09, 2021

Council failed to assess man with autism properly leading to breakdown of relationship with mother, Ombudsman finds

The London Borough of Croydon did not do enough to support a man with autism, and his mother who looked after him, an investigation by the Local Government and Social Care Ombudsman has found.
Dec 02, 2021

Local Government and Social Care Ombudsman proposes more powers to improve the service

The Local Government and Social Care Ombudsman (LGSCO) has called for greater powers to increase its jurisdiction across local government, strengthen its ability to handle adult social care and education complaints, and bolster public services through improved complaints handling.
Dec 01, 2021

High Court judge gives reasons for refusing permission for legal challenge to care home workers vaccination requirement

A High Court judge has given her reasons for dismissing two challenges to the Government’s policy that anyone working in a care home must be vaccinated against Covid-19 unless medically exempt.
Dec 01, 2021

Government publishes adult social care white paper, says reforms to be based on Care Act 2014

The Department for Health and Social Care (DHSC) has published its long-awaited white paper on adult social care reform, which it claimed sets out "an ambitious 10-year vision for how we will transform support and care in England”.
Nov 29, 2021

North East councils to procure £15m barristers framework for Children and Adult Services

Procurement organisation NEPO is to establish on behalf of the Association of North East Councils a £15m, four-year legal services framework for the provision of Children's and Adult's Barristers Services.
Nov 26, 2021

President of Court of Protection says guidance needed on judicial meetings with subject of proceedings

The President of the Court of Protection has acknowledged that there is “a pressing need” for guidance on the apparently developing practice of judges meeting the subject of proceedings (P), after the Court of Appeal set a judge's decision aside due to the "procedurally flawed" nature of a hospital visit he made.
Nov 24, 2021

Supreme Court hands down landmark ruling on capacity to consent to sexual relations

The Supreme Court has upheld a Court of Appeal decision that to have capacity to have sexual relations with another person, a person needs be aware that their partner must have the ability to consent to the sexual activity and must in fact consent before and throughout the sexual activity.
Nov 24, 2021

Disabled couple put at risk after carers did not wear masks and provided less care than contracted, Ombudsman finds

Care workers put a couple at risk of harm after they failed to wear the right personal protective equipment (PPE) and provided home care on a basis inconsistent with the care plan laid out for them, the Local Government and Social Care Ombudsman has found.
Nov 19, 2021

Ombudsman asks council to reassess support for disabled man unable to go on holiday without his carer

The Local Government and Social Care Ombudsman has asked Northumberland County Council to reconsider how it supports a man with disabilities who said the council did not consider holiday travel and accommodation costs for his care worker as 'disability related expenses'.

  FEATURES AND ANALYSIS

December 10, 2021

Domestic Abuse Act 2021 - commencement update

LexisPSL conduct an analysis on the Domestic Abuse Act 2021.
December 10, 2021

The black box of the judicial visit to P

The Court of Appeal has made some very important observations about the role of judicial visits in Court of Protection cases, writes Alexander Ruck Keene.
December 03, 2021

The Supreme Court on capacity to consent to sexual relations

The Supreme Court recently handed down a landmark ruling on capacity to consent to sexual relations. Anna Dannreuther analyses the judgment.
November 26, 2021

Fighting ever increasing odds against a draconian intervention – and when is a without notice hearing acceptable?

The Court of Protection recently ordered that a woman with late onset vascular dementia be transferred to a residential care home after relations between her son and care workers broke down. Alex Ruck Keene analyses the ruling.
November 25, 2021

Capacity and sex – the Supreme Court decision in JB

Vikram Sachdeva QC, Parishil Patel QC, Victoria Butler-Cole QC, Alex Ruck Keene, Ian Brownhill and Nicola Kohn explain the Supreme Court’s decision and discuss its implications for practitioners in the field of mental capacity and best interests.
November 12, 2021

The authority of Property and Affairs Deputies

Arianna Kelly analyses a case relating to the scope of the authority of Property and Affairs Deputies post the ruling in ACC.
November 05, 2021

Health and Care Bill 2021: The role of local authorities in Integrated Care Systems

In the latest in a series of comment pieces on the Health and Care Bill 2021, Anna Hart, Charlotte Burnett and Hamza Drabu consider how local authorities and combined authorities will engage with Integrated Care Partnerships and Integrated Care Boards.
November 05, 2021

Six months to go, seven key changes: from DoLS to LPS 

Dr Christina Lienen highlights the key changes local authorities can expect with the move from the DoLS regime to Liberty Protection Safeguards in April 2022.
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  MORE NEWS

Nov 18, 2021

Supreme Court to hand down landmark ruling next week on capacity to consent to sexual relations

The Supreme Court will next week (24 November) hand down a key ruling on whether, to have capacity to decide to have sexual relations with another person, a person needs to understand that the other person must have the capacity to consent to the sexual activity and must in fact consent before and throughout the sexual activity.
Nov 17, 2021

Court of Protection judge orders transfer of woman with dementia to care home for interim period

The Court of Protection has ordered that a woman with late onset vascular dementia be transferred to a residential care home after relations between her son and care workers broke down following queries into the woman's vaccination status against Covid-19.
Oct 29, 2021

Woman hospitalised twice because council failed to consider advice when assessing medical needs, Ombudsman finds

A Gloucestershire woman was left malnourished and without the support she needed for her medical conditions because the county council ignored professional advice, a Local Government and Social Care Ombudsman investigation has found.
Oct 21, 2021

Care bill for family soared without warning because of poor council information, Ombudsman finds

North Yorkshire County Council has been criticised by the Local Government and Social Care Ombudsman after a family's care bill leapt from hundreds to thousands of pounds a month without notice.
Sep 29, 2021

"Relentless rise" in proportion of complaints about adult social care upheld, Ombudsman warns

The Local Government and Social Care Ombudsman has said a gulf exists between what the public expects from adult social care and what it delivers, and the service is “progressively failing to deliver for those who need it most”.
Sep 14, 2021

Adult social care reform plans “pose more questions than answers”: ADASS

The President of the Association of Directors of Adult Social Services (ADASS) said the organisation has been left “perplexed and concerned” that the Government’s proposals regarding adult social care funding and reform pose more questions than answers.
Sep 03, 2021

Council claims Ombudsman request for it to process DoLS applications within set time constraints “not possible”

Kent County Council has said it believes it is not possible to comply with a recommendation made by the Local Government and Social Care Ombudsman to process all Deprivation of Liberty Safeguard (DoLS) assessments in a timely manner.
Sep 01, 2021

Browne Jacobson partner appointed social care sector ambassador for charity

Amanda Wright-Kluger, a partner and solicitor-advocate at Browne Jacobson’s Nottingham office, has been appointed a social care ambassador for Championing Social Care.
Aug 31, 2021

Court of Appeal agrees to hear appeal by Health Secretary in dispute over interpretation of ‘ordinary residence’ and s.117 Mental Health Act

The Court of Appeal has granted the Department of Health and Social Care permission to appeal a key ruling on the issue of ‘ordinary residence’ for the purposes of s.117(3) of the Mental Health Act.
Aug 20, 2021

Dudley Council to refund care home fees following Ombudsman investigation

Dudley Council has agreed to refund care home top-up fees for concerned families whose relatives were not offered an affordable placement, following a Local Government and Social Care Ombudsman investigation.
Aug 17, 2021

Government withdraws emergency guidance covering Mental Capacity Act and DoLS during pandemic

The Department of Health and Social Care has withdrawn its emergency guidance on the Mental Capacity Act (2005) (MCA) and deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic.
Aug 16, 2021

Court of Protection approves Covid vaccine for man lacking capacity, but declines to authorise booster dose without another hearing

A Court of Protection judge has approved the giving of the first and second dose of a Covid-19 vaccination to a man who lacks capacity, but has declined to authorise in advance the administration of a booster dose.
Aug 12, 2021

Council and care home criticised after dispute sees son banned from visiting his mother

A council has agreed to a series of recommendations from the Local Government and Social Care Ombudsman after an investigation into a case where a man was barred from visiting his mother in a care home.
Aug 09, 2021

Centenarian nursing home resident forced to move because of funding mistakes, Ombudsman investigation finds

A number of errors by a council and a care provider led to a centenarian facing eviction from her nursing home because of unpaid fees, despite both her family and the council paying for her care, an investigation from The Local Government and Social Care Ombudsman has found.
Jul 23, 2021

High Court gives green light for challenge to DWP consultation on development of new strategy for disabled people

The High Court has allowed four disabled individuals to bring a judicial review challenge of how the Secretary of State for Work and Pensions, Thérèse Coffey, conducted the consultation on a proposed new national strategy for people with disabilities.
Jul 19, 2021

Equalities watchdog to hold inquiry into methods of challenging decisions about adult social care

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.
Jul 15, 2021

Ombudsman criticises council “for taking too long to change care home charging policy”

The Local Government and Social Care Ombudsman (LGSCO) has criticised Lincolnshire County Council after a family was forced to complain for a second time about the way a relative’s care home fees were charged.
Jul 15, 2021

London borough to revise social care charging policy after Ombudsman investigation and court ruling

The London Borough of Bexley has agreed to revise its social care charging policy after a man complained to the Local Government and Social Care Ombudsman (LGSCO) about the way the authority increased its costs.
Jul 15, 2021

No need to change on ‘Freedom Day’ how family courts and Court of Protection have been operating, says Family President

The President of the Family Division has ruled out issuing firm guidance on how the family courts and the Court of Protection should approach their work after 19 July – dubbed ‘Freedom Day’ – when coronavirus restrictions are lifted by the Government.
Jul 08, 2021

Integrated care boards to replace clinical commissioning groups as Government unveils Health and Care Bill

England is to be divided into integrated care boards and partnerships responsible for bringing together local NHS and local government, such as social care, mental health and public health advice.
Jul 05, 2021

Court of Appeal makes no order for costs after allowing appeal by mother against Court of Protection order discharging her as party to proceedings

The Court of Appeal has made no order for costs in a case where it allowed a mother's appeal against an order made in the Court of Protection discharging her as a party to proceedings concerning her highly vulnerable 19-year-old daughter.
Jul 05, 2021

Supreme Court to hear next week key case on capacity to have sexual relations

The Supreme Court will next week (15 July) hear a case over whether, to have capacity to decide to have sexual relations with another person, a person needs to understand that the other person must have the capacity to consent to the sexual activity and must in fact consent before and throughout the sexual activity.
Jul 01, 2021

CQC amends inspection regime in light of lockdown lessons

The Care Quality Commission (CQC) has adapted its routine inspections system drawing on the experience of a year of working under pandemic restrictions.
Jun 17, 2021

County council to reconsider assessment of Disability Related Expenses, following Ombudsman investigation

The Local Government and Social Care Ombudsman has found Essex County Council at fault after it told two women that their Disability Related Expenses (DREs) for Deputy services, which a court appointed, were too expensive to cover.
Jun 14, 2021

Family President launches rapid consultation on remote, hybrid and in-person hearings in family justice system and Court of Protection

The President of the Family Division, Sir Andrew McFarlane, has launched a two-week rapid consultation on remote, hybrid and in-person hearings in the family justice system and the Court of Protection.
Jun 10, 2021

Court of Protection judge considers how supervisory bodies should evidence their scrutiny of requests for authorisation of deprivation of liberty

An error in someone’s name on a form did not invalidate a standard authorisation, the Court of Protection has decided.
May 20, 2021

Senior judge declines to order Covid vaccination of 86-year-old woman

The Court of Protection has ruled that an 86-year-old woman with dementia should not be either forcibly given a Covid vaccine or deceived into accepting a jab.
May 11, 2021

Government threatened with legal action over care home guidance requiring residents to self-isolate

Law firm Bindmans said it has been instructed to bring a legal challenge to care home guidance that says residents making a visit out of the care home should isolate for 14 days on their return.

  MORE FEATURES

October 25, 2021

The Sexual Offences Act, care workers, and paying for sex

The Court of Appeal has issued an important ruling on whether care workers would be committing a criminal offence should they make arrangements for a man with with a mental disorder to visit a sex worker. Alex Ruck Keene analyses the judgment.
October 15, 2021

Local Authority Insight Series - the Liberty Protection Safeguards

ON-DEMAND WEBINAR: Alex Ruck-Keene and Emma Harrison look at how the new Liberty Protection Safeguards will work in practice when they replace the Deprivations of Liberty Safeguards (DOLS) next year.
September 30, 2021

Council’s charging policy held unlawful as it discriminated against severely disabled persons

Hannah Gibbs looks at the impact of a recent High Court decision on local authority charging policies.
September 30, 2021

Social care reforms in England - how will they work in practice?

Nicola Gunn of Anthony Gold Solicitors LLP, in association with Lexis PSL, considers what the reforms will mean in practice for those who require care.
September 20, 2021

Which local authority pays for aftercare after repeated detentions?

Leon Glenister takes a look at the Department of Health & Social Care's current position on determinations on s117 Mental Health Act 1983 disputes.
September 17, 2021

Social care funding: rapid response note

Fenella Morris QC, Sian Davies and Arianna Kelly analyse the Government's proposals for social care funding reform and look at the key issues for local authorities.
September 17, 2021

The Court of Protection and “the most complex Covid patient in the world”

Alex Ruck Keene looks at the latest ruling by the Vice President of the Court of Protection on the withdrawal of treatment in a COVID context.
September 10, 2021

Mandatory Vaccination for Care Home Workers in England – Update

Rachel Murray-Smith and Francesca Gallagher look at the detail of the government's guidance on compulsory vaccination for care staff.
September 10, 2021

Capacity and the limits of decision-specificity

Alex Ruck Keene examines what can be learned from a Court of Protection judge's ruling on whether a woman had capacity in a range of areas.
September 09, 2021

Rapid response to the health and social care changes

On 7 September 2020, the Government announced changes to the funding of health and social care in the form of an increase in national insurance and a cap on individual care costs. In this webinar from 39 Essex Chambers, Fenella Morris QC, Sian Davies and Arianna Kelly respond to the plan.
August 27, 2021

Litigation Friend appointments and costs

The High Court has ordered that a Defendant is not liable for costs incurred arising from a dispute over who the Litigation Friend should be. Sean Linley reports.
July 30, 2021

Court of Protection case law update: July 2021

Aaqib Javed and Holly Littlewood examine the latest rulings of interest to Court of Protection practitioners.
July 20, 2021

Emotional dysregulation and the use of anticipatory declarations in the Court of Protection

Dr Nicholas Todd, a Consultant Clinical Psychologist, Sam Karim QC and Aisling Campbell discuss emotional dysregulation, fluctuating capacity, capacity on a longitudinal view, anticipatory declarations and the problems with care management.
July 16, 2021

Mandatory Vaccination for Care Home Workers in England

The Government has announced that people working in care homes in England must be fully vaccinated against Covid-19 from October 2021, unless they have a medical exemption, write Rachel Murray-Smith and Francesca Gallagher.
July 15, 2021

CQC enforcement tracker

This Practice Note from LexisNexis provides a summary of key prosecutions for health and social care offences brought by the Care Quality Commission (CQC) in England since 2015. This tracker is intended to assist practitioners in monitoring the type of sentences which are being imposed for breaches of health and social care legislation.
July 09, 2021

CQC Strategy 2021 (part 2): How ratings could change and how to challenge them

Tim Coolican and Freya Cassia explore the legal and practical options available to providers if a disappointing result is received following an inspection.
July 05, 2021

CQC Strategy 2021 (Part 1): How inspections will change and how providers can prepare

Tim Coolican and Freya Cassia discuss the new Care Quality Commission's (CQC) strategy, what it means for health and social care providers and what providers can be doing to prepare for the new style inspections.
July 02, 2021

Capacity to make decisions on care and alcohol dependency

Laura Wares analyses a recent case in which the assessment of capacity of an individual with a history of alcohol misuse was considered by the court.
June 25, 2021

Court of Protection case update

Aaqib Javed and Holly Littlewood review the latest cases of interest to Court of Protection practitioners.
June 18, 2021

Substance or form?

When do repeated errors invalidate a Deprivation of Liberty Safeguards (DoLS) authorisation? Alex Ruck Keene examines a recent Court of Protection ruling.
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