Archives

Baroness Jane Campbell lecture 30 October

Baroness Jane Campbell will deliver the annual Caroline Gooding Memorial Disability Law Lecture on 30 October 12.00 noon -13.30pm  'Disability Rights and the Pandemic: A Story of Survival?’ via Zoom…

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Personal Health Budgets

Sam Strickland and Rhys Bowler are campaigning for the introduction of Personal Health Budgets for people who are eligible and in receipt of a Continuing Health Care provision. For more…

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Inclusive Public Space Survey ~ Leeds

Research concerning disabled people’s experience of Inclusive Public Space involves 10 cities across Europe, one of which is Leeds (deadline 5 September 2020).  Click here for details of how to…

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Disabled children’s assessments

Two new on-line webinars / lectures, both concerning disabled children’s assessments: Assessing the support needs of disabled children and their families The first is a detailed explanation of the process…

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Revised NHS ‘Who Pays?’ Guidance

NHS England has published its updated guidance for establishing which NHS organisation has responsibility for commissioning an individual’s care and which has responsibility for paying for that care. The guidance…

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We only met two minutes ago but you already think you know everything about me.

The guest post you are about to read from a good colleague details an incredibly troubling account of the health system’s approach to the care of a very distressed and…

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Senedd Inequality Report

For a welcome and powerful paper from the Welsh Parliament ‘Into sharp relief: inequality and the pandemic’ click here.

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Vacancy

Cerebra is looking for a part-time Information and Support Officer to be part of the Legal Entitlements and Problem-Solving (LEaP) Project.  For details click here.

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Public Accounts Committee Report

The House of Commons Public Accounts Committee has published its report Readying the NHS and social care for the COVID-19 peak The Committee's findings include the following comments concerning adult…

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Public Accounts Committee Report

The House of Commons Public Accounts Committee has published its report Readying the NHS and social care for the COVID-19 peak Although its focus on the NHS in England –…

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Unlawful ‘Autism Plus’ policies

More than a quarter of English children’s services councils are acting unlawfully by discriminating against children with autism.  Research undertaken by the School of Law at the University of Leeds,…

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Autism in children & council discrimination

The BBC publishes major research on the discriminatory policies of some councils.  Click here for the article

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Charging for social care campaign

Mike Jones is a retired Finance Director from the private sector and is the Appointee for his sister, Julie (not her real name), who lives in shared accommodation with three…

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Judicial review of social care charges

Permission given to challenge a council's charging policy – for details click here.

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Barbara Pointon Obituary

An obituary for the great NHS CHC campaigner can be accessed by clicking here.

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NHS Continuing Healthcare & young people: R (JP) v NHS Croydon (2020)

Preliminary note This briefing concerns a recent English judgment.  The NHS (Wales) Act 2006 and the NHS Act 2006 (which focuses primarily on England) both create almost identical duties to…

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NHS Continuing Healthcare & young people: R (JP) v NHS Croydon (2020)

The disregard of the law concerning NHS Continuing Healthcare responsibilities by Health Bodies in England and Wales is hardly news.  However, where one is confronted by a disabled child with…

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Delay and the ombudsman: how depressing. 

In the last few years the Cerebra Legal Entitlements and Problem Solving (LEaP) Project has had to deal with many cases of delay by councils in England and Wales in…

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Carers and the failure of ‘identity’

For a YouTube talk by Luke Clements for the Sustainable Care Seminar Series (15 June 2020) click here.

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Ordinary Residence s117 ~ all change in England (and Wales?).

The English Department of Health and Social Care has changed its mind concerning the determination of a person’s ordinary residence for the purposes of section 117 Mental Health Act 1983…

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Ordinary Residence s117 ~ all change

The Department of Health and Social Care has changed its mind concerning the determination of a person’s ordinary residence for the purposes of section 117 Mental Health Act 1983 –…

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English ombudsmen return

The local government ombudsman and the NHS ombudsman have announced that the will be resuming their complaints work from the 29th June and the 1st July respectively.

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Visual impairment rehabilitation timeframes

Danny Dooney, Legal Rights Officer at the RNIB has provided the following note concerning a recent Ombudsman decision.[1]  It found Hammersmith and Fulham LBC was at fault for failing to…

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Coronavirus and direct payments

Interesting update guidance from the Department of Health and Social Care concerning the ‘Coronavirus Job Retention Scheme: people receiving direct payments’. My good colleague Steve Brett has flagged up this…

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Urgent care

R (Ali Raja and Ali Hussain) v. Redbridge LBC [2020] EWHC 1456 (Admin). An important case concerning the power in the Care Act 2014 s19(3) that enables a council, in…

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Life in lockdown for siblings of disabled children

A powerful report with some troubling statistics from by Sibs the charity supporting disabled people’s siblings – which can be accessed by clicking here.

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COVID-19 and unpaid carers

The Welsh Government has published ‘Guidance for unpaid carers: coronavirus (COVID-19) – which can be accessed by clicking here.

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Home care charges – the injustice continues

The severe impact of local authority home care charges is an overlooked injustice faced by large numbers of disabled people in England.  The hardship caused by these charges has been…

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The suspension of care home inspections

For an excellent paper by Alison Tarrant and Lydia Hayes concerning the suspension of routine inspections which they argue renders care homes invisible to scrutiny and costs lives – click…

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In Brief

An interesting article by Amy Clifton for the Welsh Parliament ‘In Brief’ concerning the challenges facing the adult social care sector in Wales as a result of the coronavirus pandemic…

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Webinar ~ 21 May 2020 6pm

Social Work Action Network (SWAN) is hosting a webinar 'Fighting for Social Justice: What's Happening to Human Rights during Covid-19? – for access details click here.

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Webinar ~ Social Services in Wales during Covid-19: New Guidance

A webinar with Joanne Clement and Jonathan Auburn of 11KBW Chambers can be accessed by clicking here - the access password is 8Y@m=+1k.  The PowerPoint can be accessed by clicking…

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Coronavirus Act 2020 and the implications for Wales

A webinar with Jonathan Auburn and Joanne Clement of 11KBW Chambers can be accessed by clicking here - the access password is 11KBW2020. Thanks to Jonathan and Joanne for making…

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WG Guidance on vulnerable children & safeguarding

Information about vulnerable children and safeguarding during the coronavirus pandemic – click here.

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Community Care Solicitor

"Access Social Care' is looking for a Community Care Solicitor to join their team as their Legal Manager - for details click here.  Application deadline extended to 18 May 2020.

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Welsh Government Guidance & Covid-19

Adult services On 30 April 2020 the Welsh Government issued formal guidance – see Adult social services during the Covid-19 pandemic. The guidance emphasises that the modifications permitted by the…

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Magic wands, misdirection and shock

Naomi Klein’s Shock Doctrine may have its critics – but it is difficult not to think about it, at times like this.  Her central argument is that governments use national…

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Undermining children’s safeguarding duties

Major changes to the law concerning the protection of looked after children (among other things) have been brought into effect via the Adoption and Children (Coronavirus) (Amendment) Regulations 2020. Article…

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Social Justice another coronavirus casualty

What do you do if a local authority or NHS body decides to stop processing all complaints – even complaints which relate to matters of life and death or another…

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Coronavirus: WG Guidance for children’s social services

The Welsh Government has issued guidance concerning the role of children’s social services during the emergency. It’s primary focus is on child protection and ‘looked after children’. Welcome is its…

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Coronavirus: Direct Payments & Personal Health Budgets

Some welcome guidance from the Department of Health and Social Care concerning local authority and NHS decisions about permissible use of Direct Payment and Personal Health Budgets during the emergency.…

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Coronavirus update

More Chinese whispers and some guidance concerning disabled children and their families. Chinese whispers first.  In a recent post I referred to emails from Clinical Commissioning Groups (CCGs) saying that…

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Equalities Committee Inquiry: Coronavirus emergency.

The UK Parliamentary Women and Equalities Committee is seeking evidence about the different and disproportionate impacts that are resulting from Coronavirus emergency. For details – click here.

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Government Covid-19 Action Plan Social Care

On the 15 April the English Government published its COVID-19: Our Action Plan for Adult Social Care. To access this document click here.

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BMJ Editorial ~ social care

For a British Medical Journal Editorial on 'Covid-19: why we need a national health and socialcare service' click here.

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Covid-19 Legal Qs & As

The Challenging Behaviour Foundation has published an excellent and extensive list of Legal Questions & Answers concerning disabled people’s rights during the Coronavirus emergency.  Click here to access these.

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Covid-19 court cases

Two recent cases concerning altered visiting arrangements due to the Covid-19 outbreak and disabled people – see BP v Surrey County Council & RP and a (settled) case involving Hertfordshire…

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Chinese whispers, NHS Complaints & Covid-19

It seems that people who have outstanding NHS complaints are getting letters from Clinical Commissioning Groups (CCGs) stating – for example: Due to the ongoing COVID19 pandemic NHS England and…

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Coronavirus Act threatens care for disabled people & carers

For a ‘Position Statement’ from the Disability Law Service condemning the Act’s curtailment of social care support rights click here.

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Coronavirus Act threatens care for disabled people

A Position Statement from the Disability Law Service & Professor Luke Clements. Disabled children, disabled adults & carers need special protection in a time of crisis. The last decade of…

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