Support for NRPF families

July 14th, 2016 by Jonathan Auburn

Where a family is designated as having no right of recourse to public funds (“NRPF”) but is still supported under the Children Act section 17, what type of accommodation and what rates of support must the local authority provide as a minimum to comply with section 17? And when will any failure to provide appropriate support give rise to a breach of Article 8 sounding in damages? Those were the issues the Court of Appeal addressed this week in R (C, T, M and U) v London Borough of Southwark [2016] EWCA Civ 707. Read more »

 

Local authorities challenge Hunt over funding for deprivation of liberty regime

June 7th, 2016 by Rupert Paines

The local authorities for Liverpool, Nottinghamshire, Richmond-upon-Thames and Shropshire have issued a judicial review of great significance to everyone involved in community care law. The claim alleges an ongoing failure by the Secretary of State for Health properly to fund local authorities in England so that they can implement the Deprivation of Liberty Safeguards (“DOLS”) regime as it has expanded following the Supreme Court’s well-known decision in Cheshire West. Read more »

 

Direct Payments under the Care Act

May 18th, 2016 by Christopher Knight

Readers of this blog will be well aware that many individuals with social care needs receive direct payments from their local authority which enables them to make their own arrangements and purchase their own care. However, those in receipt of such payments will often need support in managing their own payments, and many authorities make direct payments through authorised third parties. Read more »

 

Age assessment and fair litigation procedure

May 3rd, 2016 by Peter Oldham QC

The Court of Appeal handed down an interesting and wide-reaching judgment last week (26th April 2016) in LB Croydon v Y [2016] EWCA 398. It directly concerns age assessment cases, but the principles enunciated apply to all litigation, private and public.

Y was an asylum seeker who was assessed by LB Croydon for social services needs.  He was assessed as being over 18.  He brought a judicial review age assessment challenge.  The Upper Tribunal  gave directions listing the case for a 4 day hearing.   Five months later, Croydon applied to the UT for an order that the claim should be struck out or stayed unless Y consented to and co-operated fully with (1) a dental examination (including a dental X-ray), (2) a psychiatric examination and (3) an age assessment by two Croydon social workers. Read more »

 

The growing trend for refusing support on credibility grounds

April 28th, 2016 by Jonathan Auburn

In a post in blog post last month, “I reasonably don’t believe you”, I discussed a recent case on an LA decision to refuse to support destitute persons subject to immigration control, where the LA decision rested on the view that the claimant was not credible in his claim to have no support. I commented in that blog that the trend for this sort of LA decision-making was growing. And so it seems. In R (O) v LB Lambeth [2016] EWHC 937 (Admin) Read more »

 

Reasons challenges to LA charging and care home fees decisions

April 27th, 2016 by Jonathan Auburn

When LAs make decisions as to charging for care services and care home fees, can those decisions be subject to a public law reasons challenge, if so what is required, and what are constraints on LAs defending such challenges? Those were the issues the Administrative Court grappled with last week in Read more »

 

National review of investigation into deaths

April 21st, 2016 by Jonathan Auburn

The CQC has announced that it is conducting a review of the way investigations into deaths are carried out by relevant public bodies. This will result in a national report, expected to be published towards the end of the year. Read more »

 

Changes to Care Act Guidance: chapters 6 & 7 – first contact and identifying needs

April 15th, 2016 by Rachel Kamm

Here is the latest in our series of summaries of the changes made to the Care and Support Statutory Guidance.  We have already talked about chapter one and chapters 2-5. Now we’re looking at first contact and identifying needs. As always, I have not included here every change (some of which are very minor or style/formatting), but hopefully this post flags up most of the material differences.  Read more »

 

Changes to Care Act Guidance: chapters 2-5

April 10th, 2016 by Rachel Kamm

Jonathan set the ball rolling in his last post, with a summary of the recent changes that the Government made to chapter 1 of the Care and Support Statutory Guidance. Here is the second post in this series, covering chapters 2-5. This completes the section on general responsibilities and universal services. I have not included here every change (some of which are very minor or style/formatting), but hopefully this post flags up most of the material differences.  Read more »