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 »


The new COP Rules and Practice Directions Breakfast Seminar

November 7th, 2017 by Claire Halas

The new Court of Protection rules 2017 come into force on 1 December 2017. They provide a detailed new procedural code for the COP. The new Rules and Practice Directions will have far reaching effects for COP practitioners   11KBW warmly invites you to a breakfast seminar to discuss the practical implications of these new Rules and Practice Directions for all those involved in COP / mental capacity work. The seminar will involve presentations by Paul Greatorex and Zoe Gannon who both regularly act in Court of Protection cases.


Venue: 11KBW, 11 King’s Bench Walk, London, EC4Y 7EQ

Date: 27 November 2017
Registration will be from 8.30am with the seminar starting at 9am – 10am.

The seminar will be free of charge.


To book your place, please email along with your name, firm and email address. We will then email back with booking confirmation.


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.

Read more »


Continuing Duty under s.17 Children Act 1989

June 22nd, 2017 by Natalie Connor

The Administrative court has confirmed that the duty on local authorities under s.17 of the Children Act 1989 is an ongoing one and held that Lewisham London Borough Council had acted irrationally in concluding in a follow-up assessment that a mother had the means to provide her children with accommodation and that the children were not in need within the meaning of s.17. Read more »


The Children and Social Work Act 2017

June 14th, 2017 by Jonathan Auburn

After significant controversy and substantial amendments, the Children and Social Work Act 2017 received royal assent on 27 April. While the majority of the legislation is not yet in force, the changes contained in the Act will have important implications for the regulation of social work in England, safeguarding of children, and investigations into the death of children. In addition, the Act clarifies and amends the obligations of local authorities as corporate parents. Read more »


Age disputes and interim accommodation

May 11th, 2017 by Jonathan Auburn

What happens young people whose age is questioned approach a local authority as homeless? Must they be accommodated as children, or can they be accommodated in temporary adult accommodation until their age is determined by the local authority? Read more »


Duty to accommodate under s.18? First appellate case on the Care Act is a damp squib

May 8th, 2017 by Hannah Slarks

R (SG) v LB Haringey [2017] EWCA Civ 322

When is a test case not a test case?  When the legal argument you want to have does not arise on the facts.

This was the situation in SG.  The parties geared themselves up for the Court of Appeal to clarify the application of the Care Act 2014.  Mind was joined as an intervenor, in order to assist in this important debate.  However, the Court of Appeal quickly reached the view that the debate the parties wanted to have did not arise from the facts of the case. Read more »