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 »


Improper approaches to determining care budgets

May 10th, 2018 by Jonathan Auburn

In a recent report, the Local Government and Social Care Ombudsman (“LGSCO”) has made some important findings about how local authorities may, and may not, calculate the cost of people’s care under the Care Act 2014. Read more »


11KBW Community Care, Health & COP-DOLS Conference

March 7th, 2018 by Claire Halas

11KBW will be holding two related half day seminars to be held in Bristol and Manchester.

We recently held the conference in London with feedback from clients;

“Well presented, great information covered”
“Very good update, clear and well presented”
“Informative and worthwhile”
“The conference was superb, as was the quality of the speakers”
“Would recommend”

  • Bristol – 1 May 2018 – Double Tree Hilton, Bristol
  • Manchester – 14 June 2018, Crowne Plaza Manchester City Centre

The Community Care & Health seminar will be held from 9.30am – 12.45pm.
The COP/DOLS seminar will be held from 2pm – 4.25pm.
People are welcome to sign up for either or both seminars.

Feedback from last year’s Community Care seminar was extremely positive, including these comments: “Excellent quality of talks from each speaker, on each topic”, “Very useful” and “Very good & informative”. Read more »


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 »


Re KT: securing P’s representation in capacity / DOL cases, revisited

January 29th, 2018 by Jonathan Auburn

In Re KT (Incapacitated Persons) (Deprivation of Liberty: Appointment of Representatives) [2018] EWCOP 1, in one of his last judgments before retiring, Charles J considered again the question of the procedure to be adopted in so-called ‘non-contentious’ applications for welfare orders to authorise a deprivation of liberty. Read more »


Injunctions to restrain publication of CQC reports

January 25th, 2018 by Jonathan Auburn

When should a provider of health or social care be granted an interim injunction to restrain publication of a report by the Care Quality Commission which is critical of its services? Read more »


New COP Practice Directions

December 20th, 2017 by Jonathan Auburn

The new Practice Directions supplementing the Court of Protection Rules 2017 have been published. They can be found here. Read more »


Restitution claims for failure to pay for aftercare services

December 18th, 2017 by Jonathan Auburn

If an individual has in years past paid him or herself for mental health aftercare services, which should have been paid for by public bodies, does that person have a valid restitution claim to be refunded the monies spent? Read more »


Limitation period for LA recovery of care home fees

December 12th, 2017 by Jonathan Auburn

Last year I blogged about the issue of the limitation period for claims brought by local authorities for recovery of care home fees which they have paid and seek to recover from the individual care home resident or their estate. At the time I was concerned that there may be a gap in the law. Curiously, that blog post itself led to a court case which has now resolved the issue.

The issue, in a nutshell is this: section 69(3)(b) of the Care Act 2014 provides for a three year limitation period on claims brought by local authorities for the recovery of care home fees. This appeared to represent no change in the law. Yet the previous limitation period, applicable when section 56 of the National Assistance Act 1948 still governed such claims, was generally six years rather than three. Read more »