Coronavirus Act 2020 and social care

March 27th, 2020 by Jonathan Auburn

The Coronavirus Bill is now through Parliament and becomes the Coronavirus Act 2020. The main provisions affecting adult social care are found in Schedule 12. One headline point is Read more »


The effect of the Coronavirus Bill on social care – serious concerns

March 20th, 2020 by Jonathan Auburn

There are serious concerns as to the effect of the new Coronavirus Bill on vulnerable, elderly and disabled adults needing social care. A group of barristers from different chambers practising in this field has put together a short note to highlight key concerns, and to suggest improvements to the Bill. It is available at this link.


COVID-19: new Coronavirus Bill 2020 suspends most Care Act obligations

March 19th, 2020 by Jonathan Auburn

The new Coronavirus Bill 2020 effectively suspends most local authority social care obligations. The key points as regards adult social care are as follows. Read more »


COVID-19: Court of Protection issues guidance on visiting P and hearings

March 19th, 2020 by Jonathan Auburn

The Court of Protection has issued two important pieces of guidance in the last two days.

On Tuesday 17 March 2020 Mr Justice Hayden Read more »


Denial of social care support to persons subject to immigration control, and human rights

October 23rd, 2019 by Jonathan Auburn

The Administrative Court has revisited the issue of the denial of social care support to persons subject to immigration control, and the line between local authority social care support under the Care Act 2014, and accommodation and support provided by the Home Office. R (Shehab Aburas) v London Borough of Southwark [2019] EWHC 2754 (Admin) concerned an apparently stateless 58 year old Palestinian who Read more »


Minister’s update on the introduction of Liberty Protection Safeguards

June 14th, 2019 by Jonathan Auburn

In a letter to Parliament, the Minister of State for Care Caroline Dinenage has given the following update on the forthcoming introduction of Liberty Protection Safeguards: Read more »


Age assessments: short form assessments in obvious cases

April 12th, 2019 by Jonathan Auburn

Age dispute cases are, and probably always will be, highly contentious areas of the Administrative Court’s work. It is not uncommon for a young person to arrive from abroad with no documentation and stating they are 15, 16 or 17 years old, and then for social workers to look at the person and be convinced they are in their mid or late twenties. Read more »


Supreme Court explains the scope of section 20 Children Act powers

July 19th, 2018 by Jonathan Auburn

The Supreme Court in Williams v Hackney London Borough Council has provided clarification of the scope of local authority powers under section 20 of the Children Act 1989 to provide accommodation for a child. The Court has set out Read more »


Court of Appeal rules that NMW does not apply to sleep-in care

July 13th, 2018 by Jonathan Auburn

The Court of Appeal has today ruled that the national minimum wage (“NMW”) does not apply to the time sleep-in carers spend asleep. This means that Read more »


Legal challenge to the new model of health and social care bodies

July 10th, 2018 by Jonathan Auburn

In the recent case of R (Hutchinson & Anor) v Secretary of State for Health and Social Care & Anor the Administrative Court considered a challenge to the creation of a new model for the provision of health and social care in England. Read more »