Press release received today NHS U-TURNS ON DISCRIMINATORY POLICIES Thirteen NHS organisations have agreed to review their NHS Continuing Healthcare policies following the threat of legal action by the Equality and Human Rights Commission (EHRC). The U-turn resolves almost eight months of disagreements between the EHRC and Clinical Commissioning Groups (CCGs) across the UK over … Continue reading

A fantastic result – using real legal literacy – that will deter commissioners from driving people into care homes – and just before the Mencap decision on the NMW and sleep-ins might make care during the night beyond the means of most!

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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

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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?

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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 belinda@cascaidr.org.uk 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

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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?

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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

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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

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