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!!
Warning: this is serious, informed commentary – not politics! The Conservative Party’s proposals on social care [DID!] revolve around aligning the means testing rules for domiciliary and residential care charging. Firstly this will mean that one’s share in the value of one’s house will be counted in the calculation of one’s means, even though one … Continue reading
The first ever proper plan to pay for sustainable social care? Hmmm. Cap it a Little? Or Cap it a Lot?
Luke Davey has lost his judicial review against Oxfordshire’s revised care plan in light of the cessation of the ILF. Luke Davey – High Court judgment in full What issues did this case raise? – The problem of dealing with clients who had been able to supplement the council’s care packages with ILF money, once … Continue reading
Luke Davey’s unsuccessful Judicial Review case against Oxfordshire – analysed from a legal perspective
Here is a reduced size powerpoint with the conclusions, in legal terms, about the dodginess or otherwise of warehousing and cost capping Warehousing and Cost Capping Legal Principles – conclusions And for those who want to purchase the full length recording, and reasoning behind the conclusions, all you need to do is to write to … Continue reading
The conclusions from the Warehousing and Cost-Capping webinar
I’ve been surprised at the furore going on in the HSJ and Guardian, this last week, about the most juicy and important test case issue of our time: the question of the rights and wrongs – in legal terms – of a public body’s offering someone a care home place because it is cheaper than … Continue reading
Is ‘warehousing’ in Care Homes actually unlawful?
After today’s webinar on Review and Revisions I said I would provide the slides about dodgy cuts from the old law, and defensible cuts – for free, so here it is. I hope it does some good! Excerpt Reviews Revisions and Re-assessments
There’s a separate post on this site, about my latest cunning plan to preserve some notion of law mattering in adult social care – a post about a new charity, which I am launching in early 2017. It going to be called CASC-AIDr from now on – the Centre for Adult Social Care Advice, Information … Continue reading
Important survey – identifying the worst Care Act practices, for CASC-AIDr, the new advice charity launching in 2017
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