Archives

Carers and the Health and Care Bill

Reaction to the White Paper on NHS reform has been lukewarm with many key players pointing out that restructuring an endlessly restructured NHS will not in itself address its critical…

Read more

NHS Ombudsman news and a Fast-track decision

The reports of the Parliamentary and Health Services Ombudsman are now being published – click here to access the relevant page.  This is good news.  The Local Government and Social…

Read more

Housing adaptations and disabled young people

Foundations – the National Body for Home Improvement Agencies in England has published an excellent Guide to Adaptations for Children and Young People with Behaviours that Challenge. The 45-page guide…

Read more

Section 117 & Ordinary Residence ~ All change yet again

R (Worcestershire CC) v Department of Health and Social Care and Swindon Borough Council [2021] EWHC 682 (Admin). Put simply – put very simply – the High Court has decided…

Read more

Charging, strategic litigation and the Norfolk judgment

  The Local Government Association (LGA) has published a copy of a letter sent by the Centre for Adult Social Care Advice, Information and Dispute Resolution (CASCAIDr) to all English…

Read more

NHS Continuing Health Care (CHC) judgment

An interesting and novel case where a local authority brought a private law claim against a Clinical Commissioning Group (CCG) to recover sums it had paid for the costs of…

Read more

High Court Social Care Charging judgment

Proceedings taken on behalf of a 24 year old disabled person with Down Syndrome, challenging the way the council calculated the charges she had to pay for her social care…

Read more

It’s definitely not autism it’s …

The guest post you are about to read is written by Julia Carter, Tracy Moon and Tracey Harrison.  It is a powerful example of an issue that we (the Cerebra…

Read more

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…

Read more

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…

Read more

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…

Read more

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…

Read more

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,…

Read more

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…

Read more

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…

Read more

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…

Read more

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 –…

Read more

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…

Read more

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…

Read more

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…

Read more

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…

Read more

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…

Read more

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…

Read more

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…

Read more

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…

Read more

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.…

Read more

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…

Read more

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…

Read more

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…

Read more

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…

Read more

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…

Read more

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…

Read more

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…

Read more

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…

Read more

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…

Read more

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…

Read more

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 more

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…

Read more

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 more

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…

Read more

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 more

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…

Read more

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 more

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…

Read more

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 more

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 more

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 more

‘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 more

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’…

Read more

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 more