March 7th, 2017 by Claire Halas
11KBW invites you to two related half day seminars to be held at the Crowne Plaza, 70 Shudehill, Manchester M4 4AF on Wednesday, 22 March 2017.
The Community Care seminar will be held from 10am – 12.50pm.
The COP/DOLS seminar will be held from 1.45pm – 4.15pm.
People are welcome to sign up for either or both seminars.
Feedback from last year’s Manchester Community Care seminar was extremely positive, including these comments: “Excellent. Speakers are very clear in their presentation & advice”, “Very useful” and “Very good & informative”.
The sessions will be directed at updates on recent developments in the law in these areas. Read more »
February 28th, 2017 by Claire Halas
The Administrative Court has just issued a detailed 80 page judgment comprehensively setting out the legal requirements for local authority decision-making under the Care Act 2014, the principles under which such decisions may be challenged by way of judicial review, and the role of the UN Convention on the Rights of Persons with Disabilities in this area of decision-making.
In Davey v Oxfordshire County Council  EWHC 354 (Admin), in which judgment was delivered yesterday, the Administrative Court dealt with a wide-ranging challenge to a post-ILF reduction in a disabled person’s care budget and the associated decision-making under the Care Act. The Equalities and Human Rights Commission intervened to make submissions on the role of the UN Convention in Care Act decision-making. Read more »
December 1st, 2016 by Joanne Clement
For those who were eagerly awaiting the Law Commission’s final report and draft bill on Deprivation of Liberty before Christmas (a small stocking filler, perhaps?) I am afraid that you will be disappointed. The Law Commission announced today that the project has been delayed until March 2017.
In a statement, the Law Commission said:
“The reason for the delay is the complexity of the task of drafting legislation on such an important issue. It is vitally important to get the law right here. Badly drafted, over-complicated law is a big part of the problem with the current DoLS, and we do not want to fall into the same trap again…. Read more »
November 18th, 2016 by Joanne Clement
In R (Damien Tinsley (by his litigation friend and property and affairs deputy, Hugh Jones) v Manchester City Council and South Manchester Clinical Commissioning Group  EWHC 2855 (Admin), the Administrative Court considered whether a local authority was entitled to refuse to provide after-care services under section 117 of the Mental Health Act 1983 (“the MHA”) when an applicant was in receipt of a large personal injury award, which included an element for the future cost of care. The Judge (HHJ Stephen Davies, sitting as a High Court Judge) held that it was not. A local authority cannot have regard to the claimant’s ability to fund the cost of after-care services from damages awarded to him in a personal injury claim when determining whether to provide after-care services under section 117 of the MHA.
Read more »
November 17th, 2016 by Andrew Sharland
Earlier this week, the Court of Appeal, in R (Cunningham) v Hertfordshire County Council  EWCA Civ 1108, considered the issue of whether local authorities are required to fund placements of children with relatives where the child’s parents are, for whatever reason, unable to look after them. Read more »
November 11th, 2016 by Hannah Slarks
We are all left reeling from the news across the pond. It may feel as if no one cares anymore about who is telling the truth or what is fair. But, when all about you are losing their heads, turn to a recent decision from the Administrative Court for reassurance. In R (S and J) v Haringey LBC  EWHC 2692 (Admin), the High Court handed down useful guidance on the procedure that authorities should follow before concluding that a person lacks credibility. Read more »
October 25th, 2016 by Christopher Knight
Langstaff J has recently handed down an interesting judgment in R (A, B & C) v Oxfordshire County Council  EWHC 2419 (Admin). This was a failed judicial review challenge to decisions taken by Oxfordshire CC leading to the closure of a number of children’s centres. It is a case of some significance, because it is the first time a Court has explained how the split between a LA’s executive functions and full council functions affects the discharge of the public sector equality duty and other procedural obligations. Read more »
October 9th, 2016 by Joanne Clement
Those who attended the 11KBW Local Authority Conference on Tuesday will have heard me speak about the Children and Social Work Bill (“the Bill”). The Bill was introduced in the House of Lords in May of this year, and is currently working its way through that House. Read more »