Because nothing is ever quite as simple as it seems, let’s now take a look at the types of situation where things get complicated and where a dispute arises as to ordinary residence. I will start by saying that a lot of disputes start because one authority, or both, is misunderstanding the basic provisions discussedContinue reading “Ordinary residence: in more detail”
Author Archives: localauthoritylawyerasc
Ordinary residence: an introduction
No witty title for this one I am afraid. Instead I am going to get right to the point because this is a concept that many practitioners struggle with. It is also a big growth area in my work now that budget cuts are requiring increased scrutiny of every funding decision and allocation of resources.Continue reading “Ordinary residence: an introduction”
LPS implementation, are they really serious?
I had intended my next post to be about ordinary residence. But I haven’t quite finished that one yet and the latest news about LPS implementation inspired (read as angered) me. For those of you that haven’t seen it yet, the government has announced that it still intends for the Mental Capacity Amendment Act 2019Continue reading “LPS implementation, are they really serious?”
Evidence or assumption?
A few months ago I attended a very helpful conference on the Mental Capacity Act 2005 arranged by Switalskis solicitors. Its an annual event, but it was the first time I managed to persuade my employers to pay for some tickets. Amongst the many illuminating talks I attended, the one that stuck with me theContinue reading “Evidence or assumption?”
But first, some basics…
My role involves primarily dealing with 3 pieces of legislation: Mental Health Act 1983; Mental Capacity Act 2005 and Care Act 2014. I am going to attempt to summarise the key bits of these pieces of legislation insofar as they relate to core adult social care local authority work for you, in case you readContinue reading “But first, some basics…”
A word from my in-house critic
I think my cat is bored, but hopefully you are finding some of this interesting. I type to the soundtrack of kitty snores!
Coming up…
I am aware that I started this blog out of the blue and you out there, my (hopefully not imaginary) readers (I am joking, of course, I do know how to use the wordpress stats page). I have a plan, and now I am sharing it with you. I intend to post at least fortnightly,Continue reading “Coming up…”
Section 21A challenges: Trust me, it really isn’t personal
Social workers, care home managers, community medical professionals, I am talking to you. (A bit of the basics here for anyone new to the area – section 21A challenges are brought when P is in a hospital or care home and a standard authorisation under the Deprivation of Liberty Safeguards is in place. It isContinue reading “Section 21A challenges: Trust me, it really isn’t personal”
The (practical) limits of the Court of Protection
The powers of the Court of Protection are set out in the Mental Capacity Act 2005 ss15 to 23. In summary it can Make declarations as to an individual’s capacity Make declarations as to the lawfulness of actions taken in relation to that individual Make decisions on behalf of an individual who lacks capacity AppointContinue reading “The (practical) limits of the Court of Protection”