In this case a challenge was made about the provision for a 22-year-old woman, CP, with complex and multiple disabilities requiring round-the-clock care. CP’s parents and the local authority were also engaged in an FTT appeal about educational provision which had a bearing on what else was or might be needed. They continued Alternative Dispute … Continue reading
CP v North East Lincolnshire Council  – a judicial restatement of pre-Care Act legal principle about the transparency of, and requirement for, an explicit Personal Budget!
CASCAIDr has been open just over three months now. To celebrate, we’ve done a case list covering all the most important community care cases that were ever heard, pre and post the Care Act, establishing solid, enforceable legal rights to care and support for people with complex conditions and disabilities. Here it is: CASES Template … Continue reading
What CASCAIDr’s been up to in its first three months
Would anyone care to engage with CASCAIDr, the charity, on an interesting stance we’ve come across in our first month – on a council NOT paying for services for a parent whose disability renders them unable to achieve the discharge of her responsibilities to a child? Here’s the scenario: A council says ‘You’re a long … Continue reading
Services to support an eligible disabled parent look after a baby – should the Adults’ or the Children’s services budget fund the meeting of needs? Or neither?
These are our favourites but we’ll vary them if there is a big demand for some others we’ve not yet come across: please email email@example.com with your nominations • You can’t have an assessment – you couldn’t possibly qualify! • You can’t have an assessment unless you try prevention and re-ablement first (for years!) • … Continue reading
Adult Social Care Myths to be busted by @CASCAIDr during its fundraising campaign 4-15 December
I doubt that it has escaped the notice of this blog’s followers that I’m involved in starting a social and health care specialist legal advice charity called CASCAIDr. If you tweet, go to CASCAIDr’s aims and story and please plan to follow @CASCAIDr before the end of the month. It will launch in January, and … Continue reading
FREE LINK to a webinar on the Care Act Judicial Reviews, so far!
Readers may be aware that CQC has started to scrutinise local authorities and CCGs in a programme of visits culminating in a report to the Secretary of State for Health. CQC normally regulates providers of care and health, but there is provision for this sort of ‘special’ review of commissioning, too, in the legal framework. … Continue reading
A suggestion for CQC when it comes to scrutinise local authorities’ and CCG’s performance – why not focus on legal literacy?
Court of Appeal – Davey judgment is the link to the judgment of the Court of Appeal – in the first case to reach this level, so far, under the Care Act. Mr Davey has (not surprisingly, it has to be said, with all due respect to his legal team) lost his case. It is … Continue reading
Analysis of the Court of Appeal’s judgment in Luke Davey’s unsuccessful Care Act case
Well, what do you know? It seems as if community care law is still in existence, and needed, even – as a measure of accountability, in very difficult times! Councils have a legal obligation to keep up staff’s competence, and will thus have to ensure that the message is properly conveyed, to both senior and … Continue reading
The Queen (on the application of JF acting through his mother and litigation friend KF) v Merton LBC
Readers will have been poring over the Law Commission’s proposals since March 17th. They clearly represent an improvement on the first and second iterations but I think that there are some serious difficulties with a few of the underlying assumptions, and in this post I will focus on just one, having reviewed the positives. Of … Continue reading
Thoughts on the Law Commission’s LPS proposals to reform DoLS
I have just heard of a CCG – owing formal Fast Track duty CHC services to a person in a deteriorating phase of a condition that could be terminal – suggesting that it can only pay for 56 hours a week of care, unless the family pays for night time care privately, or otherwise the … Continue reading
CCG focus: cost capping of CHC packages….oooh, let me at them!!