Reduced Social Care rights implemented in England
Although the English Government indicated that major reductions to social care rights in would not be triggered until there was an imminent risk of councils failing to fulfil their duties…
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Care Act ‘Easements’
The Coronavirus Act 2020 enables the Government to radically downgrade Care Act 2014 rights for disabled people and carers - the people who are most at risk in this emergency. …
Read moreHas Wales jumped the gun?
The measures in the Coronavirus Act 2020 permitting the downgrading of social care rights have been implemented in Wales – even though it appeared they were only intended to apply…
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Implementing the Coronavirus Act 2020 ~ has Wales jumped the gun?
The Impact Assessment for the Coronavirus Bill published on the 19 March by the Department of Health and Social Care gives the English Government’s reasons for enacting the social care…
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The Coronavirus Act 2020
Updated 15 April 2020 This briefing considers: 1. The main provisions of the Act – this section briefly describes these as they apply to social care in England and Wales;…
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The Coronavirus Act 2020
Updated 1 July 2020. This briefing considers: 1. The main provisions of the Act – this section briefly describes these as they apply to social care in England and Wales…
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Coronavirus Bill Impact assessment.
My good colleague Steve Brett has drawn to my attention the Impact Assessment for the Coronavirus Bill produced by the Department of Health and Social Care. It is an important…
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The Coronavirus Bill and the Emergency Powers (Defence) Act 1939.
When trying to make sense of the Coronavirus Bill – we should keep in mind the dissenting opinion of Lord Atkin in Liversidge v Anderson [1942] AC 206. It was…
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The Coronavirus Bill: social care & SEN
The text of the Coronavirus Bill has been published. It is the most draconian legislation enacted since the Second World War and suspends a whole raft of legislative duties –…
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The Coronavirus Bill, social care & SEN
The Government has published the Coronavirus Bill. It is the most draconian legislation enacted since the Second World War and suspends a whole raft of legislative duties – not…
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Disabled children, their carers and Coronavirus
During the current emergency we must not allow disabled young people and their carers to be pushed to the back of the health and social care queue. A campaign has…
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Is ‘indignation’ old fashioned?
“Mrs X is a disabled pensioner who lives alone in rented accommodation. She was born with cerebral palsy, has no sight in one eye and has had two strokes. She…
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No such word as ‘can’t’
All too often disabled people and families are told that a local authority can’t meet a particular support need because (for example) it can’t find anyone (or any organisation) willing…
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Direct Payments and NHS Continuing Health Care
The Deputy Minister’s update statement on the Welsh Independent Living Grant[1] (WILG) is particularly welcome because it acknowledges the risk to the independence,choice and control of disabled people in Wales…
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The Queen’s Speech
Social care reform “My ministers will seek cross-party consensus on proposals for long term reform of social care. They will ensure that the social care system provides everyone with the…
Read moreDisabled children: a legal handbook 3rd edition
The third edition is now available from the Legal Action Group – for details (including ordering it) click here.
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NHS Personal Health Budgets: new rights and new guidance
NHS England has issued new guidance to coincide with the extension[1] of the right to a Personal Health Budget (PHB) to cover people eligible for section 117 Mental Health Act…
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NHS Continuing Healthcare statistics
The latest NHS CHC statistics for England show a small increase in overall numbers of people eligible for funding – up from 55,872 at the end of June to 57,016…
Read moreCaring for our future
The Health, Social Care and Sport Committee of the National Assembly for Wales has published a report on its ‘inquiry into the impact of the Social Services and Well-being (Wales)…
Read more30 Years of the Children Act 1989
For a talk by Lady Hale, President of the UK Supreme Court click here.
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Unacceptable delay:
Complaints procedures for disabled children and their families The Cerebra Legal Entitlements and Problem-Solving (LEaP) Research Project at Leeds University has published a report concerning serious (and systemic) failings in…
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Anniversary quotes
Two quotes: one published a year ago and the other 175 years ago. 14 million people, a fifth of the population, live in poverty. Four million of these are more…
Read morePlugging the leaks in the UK care home industry
For an interesting paper by the Centre for Health and the Public Interest (CHPI) click here.
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Unfortunately … there is no legal footing to justify us not funding
R (CP) v. NE Lincolnshire Council[1] is an important Court of Appeal decision. On one level the judgment demonstrates the complexity of the care / education arrangements for young…
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‘Waiting for her to die’
Perceptions of a terminally ill woman who was denied an integrated assessment and services . The Public Services Ombudsman for Wales (PSOW) has published a troubling report[1] concerning a systems…
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Under 5’s school transport
An excellent report[1] from the ombudsman concerning the legal obligations on a council to provide transport for a disabled child below statutory school age. The report provides a helpful statement…
Read moreConference Surrey November 20 2019
For details of an Action for Carers Surrey Conference on Carers Rights click here.
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Education Committee Report on SEND
The House of Commons Education Committee published its report on 'Special educational needs and disabilities' on 23rd October 2019. It doesn’t pull its punches and we must all hope that…
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Unpaid carers in Wales
Carers Wales has published its annual ‘Track the Act’ report (for the year to April 2019) based on a survey of 562 carers (from every part of Wales) plus Freedom…
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New born babies in care proceeding in Wales
The Nuffield Family Justice Observatory (FJO) has published its report on new born babies and infants in the family justice system in Wales. This report presents a picture of an…
Read moreConference Leeds November 19 2019
For details of the annual Leeds Law School Cerebra 'Legal Entitlements and Problem Solving' Cenference click here.
Read moreCan parents agree to a 16 year old being detained?
The Transparency Project has an excellent explanation of the impact of the Supreme Court decision in – Re D [2019] UKSC 42 written by Dr Julie Doughty. Click here for…
Read moreHealth Budgets
An excellent paper written by Francesca Pozzoli ‘Health Budgets: A critical analysis of the NHS vision’ in the current edition of Research, Policy and Planning (2019) 33(2),69-84 includes the memorable…
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So what do you do?
You are a health / social care professional. You have read up on the lawfulness of funding panels – but you now find yourself required to attend a panel to…
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Post-16 students and free school / college travel assistance
A further ombudsman's report concerning the duty to provide free travel assistance to school / colleges etc has just been published.[1] A March 2019 ombudsman's report[2] concerning the same Council…
Read moreRecent developments in children’s social care law and policy
Dr. Julie Doughty is the Deputy Director of Cardiff Law School’s Centre for Health and Social Care Research. Julie has developed the Children’s Social Care Law in Wales website and…
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So what do you do?
You are a health / social care professional. You have read up on the lawfulness of funding panels – but you now find yourself required to attend a panel to…
Read more2019 Newsletter
For a copy of the 2019 Social Care law Newsletter - with updates for England and Wales click here.
Read moreYour council’s performance
The Local Government and Social Care Ombudsman has developed an on-line resource detailing the ombudsman’s contact with each English council – including (if you click on ‘annual statistics’) a copy…
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Direct Payments: ombudsman’s report and research findings
Coinciding with a major research report[1] concerning the direct payments system – the Public Services Ombudsman for Wales has issued a hard hitting report[2] illustrating the problems with such payments…
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Direct Payments for Young People
A survey of 52 social services authorities found that rates of pay for Personal Assistants (PAs) were very low, typically at minimum wage rates. The report concludes that in many…
Read moreNHS Continuing Care confusion
For an interesting paper in the BMJ by David Oliver click here
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‘Omg … will it never end’
It is not every day that an ombudsman’s report refers to an investigator’s note saying the above. Not every day that the ombudsman: asks a council to reflect on its…
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‘Omg … will it never end’
It is not every day that an ombudsman’s report refers to an investigator’s note saying the above. Not every day that the ombudsman: asks a council to reflect on its…
Read moreWelsh Independent Living Grant update
For an update by Julie Morgan AM on the Independent Care Assessment process – click here.
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Arrangements to move a care home resident at short notice
An important ombudsman report has outlined key considerations to be taken when it becomes necessary to move a care home resident (in this case one with dementia). The resident (aged…
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Pre-payment cards and direct payments
Think Local Act Personal (TLAP) has published guidance concerning the use by local authorities of pre-payment cards for direct payments / personal budgets. TLAP describes itself as a ‘national partnership’…
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Charges for community care
For many disabled people the cut backs in social care support have been accompanied by steep increases in local authority charges[1] exacerbated by the freezing of threshold allowances for the…
Read moreCommunity Care & the Law (7th ed 2019)
A new (7th) edition of Community Care and the Law has been published by the Legal Action Group for details click here.
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