Does the Care Act 2014 require a local authority to fund a family holiday to Florida?

Sian Davies and Arianna Kelly of 39 Essex Chambers discuss the recent Court of Appeal in R(BG and KG) v Suffolk County Council [2022] EWCA 1047.

In this episode, Sian Davies and Arianna Kelly discuss the recent Court of Appeal in R(BG and KG) v Suffolk County Council [2022] EWCA 1047, in which the court considered a challenge to local authority’s refusal to fund holidays, day trips and food for two men with 24-hour needs for care.

Sian and Arianna discuss:

• The implications of the case for people with needs for care and support and local authorities – what should service users expect, and how should local authorities respond?
• When a ‘universal service’ (including holidays, transportation and entrance fees) may be an eligible need under the Care Act 2014
• How the case may impact on charges and disability-related expenditure
• What has changed since the Care Act 2014 replaced the National Assistance Act 1948
• Whether the Care Act 2014 can require a local authority to fund outings and holidays

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About the speakers:

Sian Davies

Sian Davies has experience in advocacy, advice, and drafting in public law matters, across the full range of legal issues encountered by adult social services, children’s services and housing departments. She also has a background in immigration, asylum and EU law as well as a strong Court of Protection practice.

Sian provided legal literacy training on the Care Act 2014 in conjunction with the Association of Assistant Directors of Social Services and the Department of Health in 2015. She also provides training to local authorities and other training providers on topics which have recently included eligibility of persons from abroad for services under Housing Act 1996 and Children Act 1989, Care Act 2014 and Mental Capacity Act 2005.

Arianna Kelly

Arianna acts in a range Court of Protection matters including welfare, property and affairs, and serious medical treatment. Arianna also regularly acts and advises in matters relating to the inherent jurisdiction of the High Court for both children and adults, and has acted in many matters relating to deprivations of liberty of children and young people.

Arianna works extensively in the field of community care and Legal 500 describes her as having ‘Outstanding knowledge of the Care Act.’ She frequently advises in and undertakes judicial review work in relation to eligibility and care planning decisions, community care charging and debt recovery, safeguarding investigations and decisions to de-register approved providers, age assessments and allowances to special guardians. She also advises public authorities on policies relating to health and social care.

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