Belinda’s direct action response to the government’s Autumn Statement – which effectively ignored the crisis in social care

After the New Year, Care and Health Law will no longer be offering half an hour of completely free advice about adult social care rights, to any and all individuals who ask for it, because Belinda is on her knees from doing so, and a girl has got to make a living somehow! However, Belinda and … Continue reading

Belinda’s direct action response to the government’s Autumn Statement – which effectively ignored the crisis in social care

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Belinda’s Alternative Autumn Statement!

Nobody seems to disagree, as such,  with the assertion that Adult Social Services and Care are in crisis. The adult social care budget constitutes the biggest area of duty-based and discretionary spend for councils, and supports some of the most vulnerable people in society. Ensuring sustainable levels of funding is critical – but no party … Continue reading Belinda’s Alternative Autumn Statement! »

Court Skills Training – geared to adult safeguarding, capacity disputes and deprivation of liberty challenges

I have a trainer on my books who’s skilled in local authority adults and children’s law, and well-versed in court skills, related to adult safeguarding, capacity disputes and deprivation of liberty challenges. She’s created a course for me, that’s getting universally strong feedback. It uses a drawn-from-life scenario which gives actual practice in both questioning … Continue reading Court Skills Training – geared to adult safeguarding, capacity disputes and deprivation of liberty challenges »

Are we creeping closer to emergence of solid LEGAL PRINCIPLE on cost-capping for home care packages, by reference to the cost of a package in a cheaper setting?

The end of this important case, A local authority v X (Holman J) After the interim hearing, at which the LA had refused to trial the man out with a package in his own home for a month, given the long term financial unsustainability of the cost, the LA was required to serve a commissioning … Continue reading

Are we creeping closer to emergence of solid LEGAL PRINCIPLE on cost-capping for home care packages, by reference to the cost of a package in a cheaper setting?

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An important new case on use of the Localism Act General Power to accommodate adults with no other recourse to help, not even under a human rights driven assessment for Care Act duties or powers!

The Queen (on the application of GS by her LF the OS) v Camden LBC has just been decided in the High Court, on 21 Oct. Here is the link http://www.bailii.org/ew/cases/EWHC/Admin/2016/1762.html [2016] EWHC 1762 (Admin)   It has held that the General Power under the Localism Act can be the basis for delivery of a … Continue reading An important new case on use of the Localism Act General Power to accommodate adults with no other recourse to help, not even under a human rights driven assessment for Care Act duties or powers! »

What if supported living set-ups were turned back into residential care homes? Or even made ‘better’?

Rob Greig has written in the Guardian that proposals to meet people’s needs in care homes rather than in supported living turn the clock back, and others have agreed it would be a return to the Dark Ages. My position (wincing at the flak it is bound to generate – so please read to the … Continue reading What if supported living set-ups were turned back into residential care homes? Or even made ‘better’? »

Delayed discharges, people’s rights, the NHS’s and councils’ legal obligations, and a new case on evicting a patient from a hospital bed!

Whenever I go on about legal literacy to some of my NHS clients, the most excitement is always apparent when we discuss so-called bed-blocking. It seems to me that there are interim consultants working on projects to ease bed blocking, all over the country, when all that is really needed is some understanding of whose … Continue reading Delayed discharges, people’s rights, the NHS’s and councils’ legal obligations, and a new case on evicting a patient from a hospital bed! »

A considered and serious paper about what’s gone wrong in adult social care…

…which has now been published by the Centre for Welfare Reform. The content is referred to in its submission to the Communities and Local Government (CLG) Committee’s current inquiry into the financial sustainability of local authority adult social care and the quality of care provided, chaired by Clive Betts MP. I hope people enjoy it, and use … Continue reading A considered and serious paper about what’s gone wrong in adult social care… »

A great new case on the benefits of legal literacy: a successful judicial review of cuts to short breaks (for children)

West Berkshire’s disabled children’s short breaks budget cut, is quashed… In a case that underlines the need for legal literacy on the part of MEMBERS as well as officers, in relation to fundamentally important decisions such as budget setting, the Administrative Court has quashed West Berkshire’s decisions to reduce the funding given to voluntary sector … Continue reading A great new case on the benefits of legal literacy: a successful judicial review of cuts to short breaks (for children) »

A new case with important practice points for homes, care planners GPs and regulators regarding covert medication for incapacitated service users

From a case decided by the Court of Protection last week:  AG (by her litigation friend the Official Solicitor) v BMBC Important best practice guidance to the sector has been endorsed by the Court of Protection – because covert medication can be a need, a right and done compliantly with the MCA because it constitutes … Continue reading A new case with important practice points for homes, care planners GPs and regulators regarding covert medication for incapacitated service users »