The disputed borders between health and social care: children’s respite care

March 2nd, 2018 by Andrew Sharland

R (Juttla) v Herts Valleys CCG [2018] EWHC 267 (Admin) 

Mostyn J has considered when respite care will be considered to be a health service, rather than social care.  He concluded that a nurse-led respite unit for children with complex health needs was a health service.  He rejected arguments that this should be recognised as social care on the basis that the purpose of the care was to provide respite for the parents, and that much of the care provided could, in theory, be delivered by trained social care staff. Read more »

 

R (Davey) v Oxfordshire CC in the Court of Appeal

September 7th, 2017 by Andrew Sharland

Last Friday the Court of Appeal delivered judgment in R (Davey) v Oxfordshire CC [2017] EWCA Civ 1308. This is the first time the Court of Appeal has examined the provisions of the Care Act 2014. We were cautious about blogging about the High Court judgment ([2017] EWHC 354 (Admin)) whilst it was on appeal, as members of our chambers were in the case. Now that the appeal has been decided, we can speak more freely.

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Who pays?  Section 20 and accommodating children in need with their grandparents.

November 17th, 2016 by Andrew Sharland

Earlier this week, the Court of Appeal, in R (Cunningham) v Hertfordshire County Council [2016] 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 »