All change for commissioning health and social care
Now that the Procurement Act 2023 has received royal assent and the Health Care Services (Provider Selection Regime) Regulations 2023 have been laid before parliament, Emma Watt, Steven Brunning and Amy Callahan-Page summarise the key changes affecting how adult social care services and health services will be commissioned and procured.
November 29, 2023
All change for commissioning health and social care
News
Must read
Families refusing access to support
Is home a suitable option for residence and care for a vulnerable adult if their family refuses access to support? Sophie Holmes analyses a recent ruling.
Features
Care home costs and ‘top-up fees’
Lisa Morgan looks at the steps local authorities must take before they request ‘top-up fees’ to cover care home costs.
November 28, 2023
Care home costs and ‘top-up fees’
The Care Act 2014 and appeal mechanisms
Must there be an appeal mechanism against local authority decisions under the Care Act 2014? Leon Glenister reports on a recent ruling.
November 27, 2023
The Care Act 2014 and appeal mechanisms
Capacity, sexual relations and disclosure
Brett Davies examines a Court of Protection case that considered whether a 34-year-old man lacked capacity to make decisions about engagement in sexual relations, about disclosing information about the risk of sexual harm he poses to others, and about allowing the local authority to disclose information about the risk of sexual harm he poses to others.
Oct 31, 2023
Capacity, sexual relations and disclosure
Court of Protection case law update
Lauren Gardner and Eleanor Suthern round up the latest rulings of interest to Court of Protection practitioners.
Oct 19, 2023
Court of Protection case law update
Is refusal of food indicative of lack of capacity?
Ella Pudney discusses a recent Court of Protection case on whether the refusal of food in prison was indicative of a lack of capacity.
Oct 19, 2023
Is refusal of food indicative of lack of capacity?
Webinars
What now for deprivations of liberty?
What will the effect of the postponement of the Liberty Protections Safeguards be on local authorities? Local Government Lawyer asked 50 adult social care lawyers for their views on the potential consequences.
More features
Forced marriage and the inherent jurisdiction
The Court of Appeal recently considered the use of the inherent jurisdiction in a forced marriage case. Rhys Hadden analyses the ruling.
Dialysis and different realities – the Court of Protection has to decide
In a recent ruling a senior judge has helpfully reminded us of the fact that a person with cognitive impairments may be operating within a…
Ineligibility to be deprived of liberty under Schedule 1A Mental Capacity Act
Alex Ruck Keene KC (Hon), Neil Allen, Eliza Sharron and Arianna Kelly analyse the outcome of a complex appeal in the Court of Protection…
Hoarding disorder in the Court of Protection
Harriet Hansen examines the approach taken by the Court of Protection to hoarding cases.
The Supreme Court on local authority responsibility for s.117 aftercare services
The Supreme Court has much-needed clarity as to the operation of s.117 of the Mental Health Act 1983, writes Lee Parkhill.
Shedinar: the (dread) MHA/MCA interface
In this shedinar, updated in August 2023, Alex Ruck Keene takes on the interface between the Mental Health Act 1983 and the Mental Capacity…
What place diagnosis? Learning Disability, deafness and the Court of Protection
A recent case raises an important issue about diagnosis in the context of Learning Disability (the term being capitalised for reasons which…
Court of Protection case update
Lauren Gardner and Eleanor Suthern round up the latest Court of Protection cases of interest to practitioners.
Update on the DoL Streamlined Procedure
At a South West Court of Protection User Group Meeting on 26 June 2023, Her Honour Judge Hilder provided some updates that are relevant…
Disentangling decisions – and do they even need to be taken: the Court of Protection pronounces
Alex Ruck Keene KC (Hon) examines a recent Court of Protection ruling on discharge decisions in the situation where a person has impaired…
What now for deprivations of liberty?
What will the effect of the postponement of the Liberty Protections Safeguards be on local authorities? Local Government Lawyer asked 50…
When does an inquest need to be an ‘Article 2’ inquest?
Gill Weatherill, Lauren McNally and Sofia Bradford look at a recent Supreme Court decision and what it could mean in practice for health…
Management of behaviour
When does the management of behaviour become medical treatment? Sophy Miles analyses an important recent Court of Protection ruling.
Injunctions in the Court of Protection
Ben McCormack considers where the limits are with the Court of Protection’s injunction-granting powers.
Families refusing access to support
Is home a suitable option for residence and care for a vulnerable adult if their family refuses access to support? Sophie Holmes analyses a…
CCTV and the provision of care
The Local Government and Social Care Ombudsman has given its view on the use of CCTV by those receiving care and support and their…
The Hewitt Review of Integrated Care Systems
Anna Davies and Laura Cook look at the findings of the independent review of integrated care systems (ICSs) led by former Health Secretary…
Assessing capacity: the principles
Alex Ruck Keene KC (Hon) reports on a capacity masterclass from MacDonald J in the Court of Protection, and highlights an updated capacity…
Fluctuating capacity, emotional dysregulation and public protection: a swansong for Hayden J
Alex Ruck Keene KC (Hon) examines the last reported decision of the Vice-President of the Court of Protection in his current role.
Mobile phones and deprivations of liberty
Is depriving a person of their mobile phone depriving them of their liberty? That was the very 21st century question confronting a High…
The interplay between the Housing Act 1996 and the Care Act 2014
Joshua Swirsky reports on how a local authority successfully defended a judicial review about its withdrawal of funding of temporary…
Court of Protection case review: January 2023
Eleanor Suthern rounds up the latest Court of Protection judgments of interest to practitioners.
LPS consultation and ‘go live’ planning
Lynette Wieland and Kelsey Richardson outline the key points of the draft Code of Practice and Regulations for the Liberty Protection…
George Orwell and best interests
The Deprivation of Liberty Safeguards (DoLS) and public protection are under the spotlight. Alex Ruck Keene KC examines a recent Court of…
Adults with impairments are not big children
A Court of Protection judge has issued a ringing refutation of a “regressive” assertion, writes Alex Ruck Keene.
Court of Protection case review
Eleanor Suthern rounds up the latest rulings of interest to Court of Protection practitioners.
Hoarding and mental capacity
A recent Court of Protection ruling is important reading for the wide range of practitioners dealing with hoarding cases, write Julia Jones…
Does the Care Act 2014 require a local authority to fund a family holiday to Florida?
Sian Davies and Arianna Kelly of 39 Essex Chambers discuss the recent Court of Appeal in R(BG and KG) v Suffolk County Council [2022] EWCA…
Transparently clunky
Alex Ruck Keene QC (Hon) analyses recent comments made by Mostyn J and transparency orders before the Court of Protection.
Everyone’s Business: Is Safeguarding Trendy?
This series by 39 Essex Chambers is a safeguarding podcast which explores interesting and unique perspectives in respect of safeguarding…
Adult Care Features Article Count: 738
Adult Care News Article Count: 522
Adult social services old articles Article Count: 171
Jobs
 
Locums
Poll
in association with...
Events
Being a Councillor: The Legal and Governance Framework - Bethan Evans Governance Training and Consultancy
To Be Confirmed
To Be Confirmed
Effective scrutiny methods and good practice - Bethan Evans Governance Training and Consultancy
To Be Confirmed
To Be Confirmed
Equalities, Diversity and Inclusion: a fair, equitable and inclusive culture - Bethan Evans Governance Training and Consultancy
To Be Confirmed
To Be Confirmed
Successful relationships between councillors and officers - Bethan Evans Governance Training and Consultancy
To Be Confirmed
To Be Confirmed
Chairing Skills: be most effective as a chair - Bethan Evans Governance Training and Consultancy
To Be Confirmed
To Be Confirmed
Social Media: opportunity and danger zones - Bethan Evans Governance Training and Consultancy
To Be Confirmed
To Be Confirmed
Standards and probity: national standards & local approach - Bethan Evans Governance Training and Consultancy
To Be Confirmed
To Be Confirmed