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Making solar add up – The revenues of a solar plant
Join the Green Steves in this insightful episode featuring Steve Gummer guest expert Manon Derelle, a seasoned professional in energy markets with over a decade of consulting experience.
Webinars
Social Partnership and Public Procurement (Wales) Act
Blake Morgan's final Procurement Series Webinar is now available to watch as a pre-recorded session.
Sponsored articles
What is the role of the National Trading Standards Estate & Letting Agency Team in assisting enforcement authorities?
Robert Brown, Principal Solicitor at Powys County Council, recalls joining the National Trading Standards Estate & Letting Agency Team (NTSELAT) and explains how the team can help legal officers in enforcing their council's statutory duties.
Webinars
Pathfinder and the Sunflowers
In today’s episode of FortyTwo Talks, Family Law Practitioner, Rachel Chan, is joined by Estella Newbold-Brown, Partner of Amphlett Lissimore to discuss the Private Law 'Pathfinder' and Estella’s new book, Isla and Quinn The Sunflowers.
Webinars
Home Truths - The Abolition of ASTs and s.21 No Fault Evictions
Stefan Liberadzki and Peter Jolley of 42BR discuss how new laws will bring about an end to the fixed term assured shorthold tenancy and s.21 notices.
Webinars
Is Omeprazole the new EDS?
Innocent explanations for allegations of inflicted or non-accidental injury: Tina and Kate discuss the dark corners of medicine, science, the unknown unknowns and the wider canvas.
More features
Acclimatise! You can’t afford to cop out!
Ben Standing shares his top 10 tips for local authorities to mitigate against claims arising as a result of climate change.
Environment Act and Biodiversity Net Gain
In this webinar Susan Sutherland and Cathryn Tracey provide an overview of the Parts of the Environment Act 2021, focussing on the provisions which impact the planning and compulsory purchase regime, particularly Biodiversity Net Gain and conservation covenants, and provide tips for issues to think about for projects which are being consented this year during the piecemeal introduction of all the provisions.
Multiple grounds of challenge and Aarhus legal costs
A recent judgment handed down by the Administrative Court in Wales has confirmed that cost protection under the Aarhus Convention did apply to a claim brought by an environmental activist against the Welsh Ministers. Alistair Taylor analyses the ruling.
The Walleys Quarry litigation – a commentary
Gordon Wignall and James Harrison look at the lessons to be learned from the Walleys Quarry litigation over the Environment Agency's regulation of a landfill site.
Waste is only waste if we waste it*
Michael Mousdale examines the measures in relation to waste enforcement and regulation set out in Part 3 of the Environment Act 2021 and assesses their impact on local authorities.
The Environment Act 2021
The Environment Act 2021, which received Royal Assent on 9 November 2021 following extensive debate in Parliament, introduces important requirements and changes for planners and developers, writes Ruth Keating.
Post COP26 – Where now for Local Government and Net Zero?
Laura Hughes sets out the key points for local authorities following the conclusion of COP26 in Glasgow.
The COP26 Decision: The Glasgow Climate Pact
COP26 has ended with an agreement, currently Decision -/CMA.3, which will more snappily be known as the Glasgow Climate Pact. Estelle Dehon, who attended the first week of COP26, considers what was achieved, what was not achieved and what happens next.
Build Back Greener: the Government's net zero strategy
The Government has published its environmental strategy outlining bold plans to support the UK economy to transition to a green and sustainable future, just days before it hosts the 2021 United Nations Climate Change Conference in Glasgow. Jonathan Branton and Alexander Rose consider some of the main points within the Net Zero Strategy, including how it could help position the UK as a leading economy in the Green Industrial Revolution.
The LLG Grapevine 19th July
Deborah Evans, Dennis Hall and Helen McGrath discuss the Lord Chief Justice's comments on Serious Court Failings, the Environment Bill and climate change, the future of the planning system, the Public Accounts Committee Test and Trace 2 Inquiry, council's financial black holes, the Supreme Courts position not to interfere with political choices, the Health & Social Care Bill and the CSPL Annual Report.
Climate change - extreme weather and shifting liability risks
James Fawcett considers what further developments we might see in response to shifting environmental challenges.
VAT’s the way I like it (if you’re the paying party)
Martin Carter explains the Court of Appeal’s decision in R (Friends of the Earth Limited) v Secretary of State for Transport [2021] EWCA Civ 13, which provides useful clarification on whether the Aarhus costs caps in the CPR are inclusive or exclusive of VAT.
The Environment Bill: Will it weaken or strengthen the UK’s environmental protections?
Stephen Tromans QC chairs a discussion of the key parts of the Environment Bill, looking particularly at developments over the Autumn and Winter.
A Green Brexit? Removing Red Tape or Increasing Environmental Protections?
Stephanie Wray, Alison Ogley and James Maurici QC consider the forthcoming changes in legislation and policy as the UK prepares to leave the EU on 31st December 2020.
Dealing with net zero, biodiversity and air quality issues in planning
Richard Barlow, Ben Standing, David Elvin QC and James Maurici QC consider the legal obligations and implications introduced by 'net zero' legislation. Also discussed: biodiversity net gain and dealing with air quality issues in planning.
Environmental law update
Celina Colquhoun, Rachel Sullivan and Stephen Tromans QC provide a case law update on air quality, climate change and other recent environmental decisions.
Encouraging greener travel
Shivaji Shiva discusses the changes local authorities are making to their transport policies to encourage greener modes of transport in cities.
Don’t put it in writing! Problems in store for local authority environmental crime
Ben Mills analyses an important ruling on the powers of local authorities to investigate environmental crime.
Current Issues in Environmental Law Part 3
The Landmark Chambers team discuss current issues in environmental law, including a habitats update, and waste and air quality issues surrounding the Environmental Bill.
Climate emergency #7 - have you thought about Pensions & Investments?
Philip Woolham looks at how pensions and investment can further the climate change agenda.
Climate Emergency #2 - have you thought about Planning?
Kathryn Lawrance considers how local authorities can use their planning role to further the climate change agenda.
Climate emergency #1 - have you thought about governance?
With many councils declaring a climate emergency, Victoria Barman examines the governance issues they face.
What to do about poor air quality?
The Court of Appeal recently decided that the Communities Secretary was not obliged to call in a planning application for a development that might affect air quality. Simon Ricketts analyses the ruling.
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Seeking clarification of tenders
A recent case highlights the importance of clear tender rules and when to seek clarification of tenders, writes Steven Brunning.
Impending Procurement Act: What you need to know
The Procurement Act 2023 will come into force next week. Liz Fletcher sets out some key actions for contracting authorities and suppliers.
AI and procurement
Anja Beriro looks at the potential use of artificial intelligence in public sector procurements.
Social Partnership and Public Procurement (Wales) Act
Blake Morgan's final Procurement Series Webinar is now available to watch as a pre-recorded session.
Why should you sweat the (seemingly) small stuff?
What are contract standing orders and why are they so important? Deepak Parmar explains.
Procurement Act government guidance – Perhaps 'not a reliable method of interpretation of the law'?
Andrew Millross looks at what might happen where there is a possible misalignment between the words of the Procurement Act 2023 and government guidance.
Contract management and performance
Bradley Martin looks at the new requirements under the Procurement Act 2023 in relation to the management of contracts.
The Procurement Act 2023 and development agreements
How will the Procurement Act 2023 change development agreements and land transactions? Christopher Brennan, Alison Richards and Alexi Markham explain.
The National Procurement Policy Statement – an opportunity for mission driven procurement?
Charlie Miller and Suhan Rajkumar examine the reasons behind the Cabinet Office’s survey on a new National Procurement Policy Statement.
Procurement Act 2023: Are you ready?
Louise Bennett sets out the key considerations for contracting authorities when they come to launch a procurement exercise under the incoming Procurement Act 2023.
Modification of contracts existing before the go-live date of the Procurement Act 2023
Jan Cumming considers the position on modifying contracts entered into or for which the procurement commenced before the go-live date of the Procurement Act 2023.
Unpicking the Procurement Act Episode 4: Challenges and Remedies
39 Essex Chambers Barrister Katherine Barnes is joined by Laura Thornton, Associate Director at Osborne Clarke, to discuss challenges and remedies under the Procurement Act 2023. Having identified the main changes, the speakers go on to consider the significance of the changes.
Unpicking the Procurement Act Episode 3: Contract Modification
In this episode, 39 Essex Chambers barrister Katherine Barnes is joined by Jonathan Davey, Partner at Addleshaw Goddard specialising in procurement and commercial law, to discuss the rules for the modification of contracts under the Procurement Act 2023, the extent to which these represent a substantive change in practice and possible difficulties arising.
Unpicking the Procurement Act Episode 2: Exclusion and Debarment
39 Essex Chambers barrister Katherine Barnes and Parishil Patel KC is joined by Lucy James, partner and National Head of Commercial Litigation at Trowers & Hamlins, to discuss the grounds on which suppliers can be excluded under the Procurement Act 2023, the new debarment list and the implications of these for procurement practice and litigation.
Unpicking the Procurement Act Episode 1: Overview and New Procedures
In the first episode of this series, Katherine Barnes and Rose Grogan of 39 Essex Chambers introduce the Procurement Act 2023 and its new procurement procedures. Over multiple episodes, Katherine Barnes, public, procurement and planning barrister at 39 Essex Chambers, will discuss the key changes to public procurement under the Procurement Act 2023 with various expert speakers. The podcast takes listeners through the key changes that will apply to new procurements from 25 February 2025, analyses the significance of the changes in practice and identifies possible pitfalls/difficulties that may…
Dynamic purchasing systems and below threshold contracts
Can dynamic purchasing systems be used for below threshold contracts? Emily Heard sets out the key considerations.
Procurement Act 2023: Light Touch Regime
Bradley Martin and Brieanna McDonald examine key aspects of the Light Touch Regime under the Procurement Act 2023.
Procurement Act guidance on frameworks is out – Buyers beware!
The latest batch of guidance on the Procurement Act 2023 (the Act) released by the Cabinet Office includes the eagerly awaited guidance on frameworks. Dr Steven Brunning looks at the key considerations.
Local authority owned companies and the Teckal exemption
In the second in a two-part series on local authority owned companies, Jan Cumming analyses the Teckal exemption.
Challenges to exclusion
Jenny Beresford-Jones considers the current position for challenging an exclusion prior to assessment of tenders at the SQ/Participation Stage, and how it will change when the Procurement Act reforms come into effect.
Challenges to exclusion
Jenny Beresford-Jones considers the current position for challenging an exclusion prior to assessment of tenders at the SQ/Participation Stage, and how it will change when the Procurement Act reforms come into effect.
Update on limitation periods
A recent Court of Appeal ruling is a reminder of the applicable limitation periods for those procurements commenced under the current regime, write John Houlden, Laura Tudor and Abigail Cropper.
The new procurement regime approaches
With the introduction of the Procurement Act 2023 little more than four months away, Clare Hardy provides an overview of the key changes coming into force
Before, during and after a waste procurement process
Alex Lawrence looks at how to deal with recent – and ongoing - changes to waste procurement
Disclosure in procurement disputes
A recent judgment has significant implications for public procurement and the disclosure of documents in English law, writes Cheye Waithe.
The Procurement Act 2023: "go-live" confirmed
Emily Heard analyses the Cabinet Office's announcement of an intended “go-live” of Monday 28 October 2024 for the Procurement Act 2023.
Improving social value: a private sector perspective
Laura Thornton and Fergus Alexander set out some recommendations on how to deliver better results for social value in public procurement.
What’s in the Pipeline?
More government guidance on the Procurement Act has been published. Jenny Beresford-Jones sets out the main points.
Procurement Act 2023 – Teckal & Hamburg Exemption
Melanie Pears and Tim Care analyse the new obligations on contracting authorities in relation to the Teckal & Hamburg Exemption, drawing attention to any key changes from previous procurement legislation which contracting authorities ought to be aware of.
Procurement Act 2023 – Relaxation of section 17 Local Government Act 1988
Louis Sebastian and Rebecca Rees look at the Government’s plans to relax s17 of the Local Government Act 1988, which prohibits consideration of a wide range of "non-commercial matters" in procurement processes.
More features
Expert fees in public law children cases
When the expert exceeds Legal Aid Agency rates, what is the Court to do? Eleanor Hull analyses an important recent ruling from the President of the Family Division.
The 26-week timeframe and care proceedings with an international element
Gary Fawcett examines a recent Court of Appeal ruling on the 26-week statutory time limit in care proceedings with an international element.
Too little? Or too late?
In the first in a series of articles, Catherine Rowlands examines a Court of Appeal judgment that involved a wide-ranging exploration of the law and procedure relating to challenges to decisions about care for young people brought after the event.
Re A compliance in care proceedings
Emily Henshaw looks at what Re A compliance means and why it matters.
Fact-finding hearings and allegations of rape
Although a private law children case, there are various points in a recent judgment from Mr Justice Hayden that are relevant to local authorities involved in public law children proceedings, write Joanna Thom and Harrison Engler.
The Court of Appeal on revocation of adoption orders
Catherine Ellis considers the implications of the ruling in Re X&Y on the High Court’s ability to revoke adoption orders.
Care orders and consent to the deprivation of liberty of children
Joanne Clement KC and Samuel Willis analyse an important Court of Appeal case on Article 5 and the deprivation of liberty of children.
Delay and the 26-week time limit
Katharine Brown looks at three recent decisions in which delay and the statutory time limit of 26 weeks for care proceedings were considered.
The interplay of public children and Nigerian law
Abimbola Badejo looks at the considerations that need to be made when applying Nigerian law to family law cases in the public sector.
Local inquiries into Child Sexual Exploitation are merely pins on a map; a national inquiry is needed to string them together
With Home Secretary Yvette Cooper’s audit of child sexual exploitation underway, and the government backing local inquiries, the controversy remains. Henry Bermingham argues that whilst these local inquiries can drive change on a small scale, they will fail to address the full causes of child sexual exploitation.
Infections and the broad canvas of evidence
The Court of Appeal has allowed an appeal by a local authority over a judge’s finding that a six-year-old girl had contracted gonorrheoa as a result of fomite transmission. Avaia Williams looks at the lessons from the ruling.
Care proceedings and mental health
Francesca Massarella calls for a change in the way poor mental health is perceived and approached, particularly before the point of care proceedings being issued.
Paediatric reports in care proceedings
A judge recently handed down a judgment that was scathing of expert paediatric evidence relied upon by the applicant local authority in a care proceedings matter. James Hoile explains why.
Public law children case update: April 2025
Caitlin Smithey rounds up the latest public law children cases of interest to practitioners.
Recorded Webinar: Re M [2025] EWCA Civ 440
Rachel Chan and Gemma Farrington KC guide us through the recent appeal against a court decision refusing a mother's application for an intermediary to assist her during a fact-finding hearing.
A bird’s eye view
His Honour Richard Harper explains the purpose of his new book, The Family Court in Practice: a safeguarding guide for all practitioners working with children.
Intermediaries and the test of necessity
A recent Court of Appeal ruling has emphasised that there is no warrant for overlaying the test of necessity when it comes to the appointment of intermediaries. Holly Hilbourne-Gollop examines the judgment.
Siblings, adoption and competing Article 8 rights to family life
A Family Court judge recently had to consider the respective Article 8 rights to family life of two children in a context where the potential outcomes for one child were clearer than for the other. Victoria Steet examines the outcome.
Navigating the complexities of deprivation of liberty for children under 16
Katie Viggers analyses a recent judgment that has brought to light the complex and often perplexing legal landscape surrounding deprivation of liberty (DoL) for children under the age of 16.
Discharge of care orders: what are the factors to consider?
Sara Chalk looks at the key points from a recent judgment that considered whether a care order should be discharged.
Children law update: April 2025
Michael Jones KC analyses the latest children’s law cases of interest, ranging from risk assessments to the designation of local authorities for the purposes of interim care orders.
When enough is enough – Court of Appeal decides against international placement
Deborah Shield and Avaia Williams review the Court of Appeal’s reasoning in a case concerning the placement options for a young boy, M, where the court was asked to grapple with placing the child for adoption or delaying proceedings and determination to support a possible family placement abroad.
Consensual adoption – PLWG Best Practice: A Guide
Avaia Williams examines the Public Law Working Group’s recommendations on adoption by consent.
International adoption – PLWG Best Practice: A Guide
In the fourth and penultimate article in his series covering the Public Law Working Group’s recommendations for best practice for adoption, Avaia Williams considers Chapter 4 of the PLWG report on international adoptions.
Practice and procedure – PLWG Best Practice: A Guide
In the third in a series covering the Public Law Working Group’s recommendations for best practice for adoption, Avaia Williams considers Chapter 3 of the PLWG report which focuses on the practices and procedures surrounding adoption proceedings.
Public law children case update: March 2025
Caitlin Smithey rounds up the latest public law children cases of interest to practitioners.
Working with denial - are we there yet?
Kara Cann looks at the growing use of ‘denial models’ for risk assessment in care proceedings.
Placement of children abroad: consultation and consent
Laura Williams provides some top tips on cases involving the placement of children abroad under the Hague 1996 Convention and in particular, the requirements of Article 33 of the Convention.
NAAB age assessments: key considerations for local authorities
Harry Johnston-Sluka and Deesha Shah provide guidance for local authorities on dealing with the National Age Assessment Board (NAAB).
Parental capability: Applying s.1(3)(f) Children Act 1989
Harrison Engler reports on a recent case invoking an unusual application of s.1(3)(f) Children Act proceedings.
More features
Public Spaces Protection orders – background summary and 2022 update
Ed Telepneff considers the background to the use of Public Spaces Protection Orders and provides an update on recent developments.
Making a mountain out of a Maida Hill
Gillian Crew discusses a recent first instance decision covering the Public Sector Equality Duty and Anti-Social Behaviour Injunctions.
How to avoid common pitfalls in anti social behaviour injunctions and committal applications
Louise Whittington and Natalie Foster provide practical guidance on frequently encountered issues in the preparation of applications for both civil injunctions and committals following breach of an injunction.
Local authority powers to obtain injunctions
The Court of Appeal has upheld the right of local authorities to obtain injunctions using their broad, general power to issue legal proceedings under section 222 of the Local Government Act 1972. Alexander Campbell looks at the lessons to be learned.
PSPOs - a vital tool for tackling anti-social behaviour
Kuljit Bhogal outlines the uses of Public Space Protection Orders for tackling drinking and other issues in public spaces.
Do local authorities have the power to impose a full scale local 'lockdown'? UPDATED
Christopher Bevan examines the powers available to local authorities particularly under Regulation 6 of the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 in providing a local public health response to the incidence and spread of coronavirus.
Anti-social behaviour, rough sleeping and injunctions
In a rare occurrence, North Lincolnshire Council recently secured an injunction pursuant to the Anti-social behaviour, Crime and Policing Act 2014 in respect of two rough sleepers. The powers under section 1 of the Act tend to be used exceptionally and many Courts are unfamiliar with them, writes Ben Williams.
Breaches of PSPOs and reasonable belief
Kuljit Bhogal reports on an important High Court ruling on breaches of Public Spaces Protection Orders.
Locking down anti-social behaviour - an introduction to Public Spaces Protection Orders
In the third instalment of her series on community safety law during the lockdown, Kuljit Bhogal discusses Public Spaces Protection Orders.
Locking down anti-social behaviour - COVID-19 and Closure Orders
In the second video in her series on anti-social behaviour during the coronavirus outbreak, Kuljit Bhogal looks at seeking closure orders during the lockdown.
Locking down anti-social behaviour - COVID-19 and Community Protection Notices
In this video, Kuljit Bhogal explains how Community Protection Notices, served under the powers found in the Anti-Social Behaviour, Crime and Policing Act 2014, could be used to tackle anti-social behaviour during the lockdown.
Coronavirus restrictions: local authority enforcement powers
The powers of local authority officers to enforce restrictions during the coronavirus outbreak are narrower than you might think, argues Horatio Waller.
Tackling the increase in modern slavery
Tiffany Cloynes sets out how local authorities can help prevent modern slavery, including through the actions and approaches that they take as purchasers of services, and looks at the latest Government initiatives to tackle the problem.
Independent adjudicators, the Prison Rules and implied powers
A recent Divisional Court judgment is of interest to prison lawyers but also to public lawyers as it deals with important points of law in relation to the interpretation of the Prison Rules and the "implied powers" principle, writes Geeta Koska.
Public Space Protection Orders, abortion clinics and buffer zones
The Court of Appeal has upheld the legality of the UK’s first ‘buffer zone’ outside an abortion clinic. Ranjit Bhose QC, Kuljit Bhogal and Tara O'Leary explain why.
PSPOs and legal aid
Liberty has failed to secure legal aid for a challenge to a public spaces protection order. Kuljit Bhogal explains why.
Game of Drones the Law - Season Two
There have been a number of recent developments in the law and regulation of drones. Paul Feild sets out the key points for local government lawyers.
Gang injunctions, human rights and standards of proof
The Court of Appeal recently rejected a legal challenge brought on human rights grounds over a gang injunction obtained by Birmingham City Council. Jonathan Manning and Ayesha Omar explain why.
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Provision of same-sex intimate care
A recent judicial review decision found that there is no duty to provide same-sex intimate care. Ros Foster examines the case.
Court of Protection case update: April 2025
Niamh Brennan rounds up the latest Court of Protection rulings of interest to practitioners.
High Court guidance on Article 3 engagement in care at home cases
David Lawson and Katherine Hampshire analyse the approach taken to human rights claims in claims against public bodies providing accommodation and social care. Such claims face significant hurdles and there is a growing body of guidance on where the boundary lies.
‘Stitch’, capacity and complexity
Alex Ruck Keene KC (Hon) examines a High Court judge’s masterclass in capacity determination.
Issuing proceedings in best interests cases
Katie Viggers, Mark Barnett and Hannah Khan set out four key takeaways for Integrated Care Boards from a recent case where a senior judge stressed the “crucial significance” of issuing proceedings promptly in a best interests case.
Court of Protection case law update: March 2025
Sarah Hutchinson analyses two recent Court of Protection rulings of interest to practitioners.
The Health and Social Care (Wales) Bill Series – Regulation and Inspection of Social Care
How does the Welsh Government intend to reform the regulation and inspection of social care in Wales? Luke Williams and Eve Piffaretti look at the latest developments.
The Health and Social Care (Wales) Bill Series – Direct Payments for NHS Continuing Healthcare
Will individuals in receipt of NHS Continuing Healthcare soon be able to opt for Direct Payments? Eve Piffaretti and Luke Williams set out the Welsh Government’s proposals.
What is the right approach to Care Act assessments?
The High Court has provided guidance on the five stages of a Care Act assessment and on the meaning of accommodation-related care and support needs. David Lawson and Katherine Hampshire analyse six key points arising from the judgment.
Disabled people in immigration bail: the duties of the Home Office and local authorities
The High Court has ruled that the Home Office has been systemically failing to provide safe and suitable accommodation to disabled applicants, and has given guidance on the interaction between Schedule 10 accommodation and the Care Act 2014. Stephanie Harrison KC, Nadia O’Mara and Isaac Ricca-Richardson analyse its findings.
Capacity, insight and professional cultures
Alex Ruck Keene KC (Hon) looks at an important new decision from the Court of Protection where the judge identified an evidential divide on capacity between social workers and clinicians.
Court of Protection update: February 2025
Sarah Hutchinson rounds up the latest Court of Protection rulings of interest to practitioners.
Setting care home fees
The High Court has quashed a decision by a city council to set an annual increase to care home fees below-inflation. Philip Rule KC looks at the lessons from the judgment.
Could this be the end for local authority-provided residential care?
Mike Clifford discusses the trend of local authorities selling or closing their residential care facilities and what it means for the future of adult social care.
“On a DoLS”
Alex Ruck Keene KC (Hon) reports on some mythbusting by what he says was a (rightly) exasperated Court of Protection.
It’s all about the care plan
A couple of recent Court of Protection cases illustrate two key themes, writes Sarah Erwin-Jones. They are that the care plan is king – get that clear first, and that openness, transparency and compliance with court directions is essential for local authorities.
Court of Protection case update: January 2025
Sarah Hutchinson rounds up the latest Court of Protection judgments of interest to practitioners.
Mental capacity and expert evidence
The Court of Appeal recently overturned a capacity ruling in a complex case. The ruling highlights the need for careful consideration of expert evidence, writes Catherine Rowlands.
Best interests, wishes and feelings
Alex Ruck Keene KC (Hon) looks at a recent Court of Protection ruling that provided a worked example in an imperfect world.
Capacity, sexual relations and public protection – another go-round before the Court of Appeal
Alex Ruck Keene KC (Hon) analyses the latest Court of Appeal judgment to consider the issue of capacity to engage in sexual relations.
Court of Protection Update - December 2024
Emily Price analyses two recent Court of Protection cases that concerned the treatment of long-term relationships.
Fluctuating capacity, the “longitudinal approach” and practical dilemmas
David Lock KC asks whether a “longitudinal approach” to when decisions can lawfully be made by patients with fluctuating capacity is consistent with the Mental Capacity Act 2005 (“the MCA”) and, if it is not, whether there is a better framework that could be used to enable decisions to be taken to protect this vulnerable class of persons using the inherent jurisdiction.
Capacity and civil proceedings
Holly Tibbitts examines new recommendations from a working group of the Civil Justice Council on determining capacity to litigate in civil proceedings.
Recovering adult social care charges via insolvency administration orders
Yisroel Greenberg explores the circumstances in which an insolvency administration order should be considered, summarises the legal framework, and offers some practical suggestions when considering applying for one.
Court of Protection case update: October 2024
Lauren Gardner and Eleanor Suthern round up the latest Court of Protection cases of interest to practitioners, including an important ruling on representation during review periods.
Communication with protected parties in legal proceedings
Abby Watson provides practical tips on how representatives of protected parties can enhance communication, and prepare them for judicial visits.
The way forward for CQC – something old, something new….
Carlton Sadler and Siwan Griffiths look at the principal findings of the Dash and Richards reports into the Care Quality Commission and the Single Assessment Framework.
The Ombudsman, DoLS and triaging – asking the impossible?
Alex Ruck Keene KC (Hon) examines a recent Ombudsman report following a complaint about the Deprivation of Liberty Safeguards authorisation process.
Outsourcing and the Human Rights Act 1998 – the consequences
Alex Ruck Keene KC (Hon) analyses a recent High Court case that considered the Human Rights Act in relation to outsourced care.
Commissioning care and support in Wales: new code of practice
The Welsh Government has published a new Code of Practice which came into effect on 1 September and applies principles and standards to the commissioning of care and support services by local authorities, local health boards and NHS trusts in Wales. Emma Watt looks at the details.
Discharge of deputies appointed by the Court of Protection
- Details
Lee Parkhill sets out the lessons to be learned after a council applied to the Court of Protection to be discharged as a property and affairs deputy in seven cases.
Service provision decisions, ordinary residence, and coronavirus and social care
- Details
In this instalment of Landmark Chambers' webinar series on adult social care, Stephen Knafler QC (Chair), Yaaser Vanderman and Leon Glenister discuss service provision decisions, ordinary residence and local authority responsibility, and coronavirus and social care.
Human rights challenges in relation to social care
- Details
In this webinar, Nicola Greaney, Steve Broach and Stephanie David discuss the right to life, inhuman and degrading treatment under Article 3 ECHR, ‘victim’ status and family members, and more.
COVID-19 & RIDDOR for care providers
- Details
Edward Sainsbury and Peter James consider when and when not to report in relation to COVID-19 and RIDDOR.
Requests for care pending assessment
- Details
A recent judgment is extremely significant for local authorities considering requests to provide care pending assessments or reassessments of needs, writes Arianna Kelly.
The Court of Protection, injunctions and persons unknown
- Details
The Court of Protection team at 39 Essex Chambers summarises a case where men were attending the placement of a young woman with austism spectrum disorder and having sexual relations with her.
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