I want to talk about the case of North Yorkshire CCG v E and others, which was heard only recently and explored whether or not it was in E’s best interests to be vaccinated against coronavirus. At first glance, it seems that this is a settled issue. Certainly, there is now a consistent stream ofContinue reading “Why the courts are still talking about coronavirus vaccination”
Author Archives: localauthoritylawyerasc
Capacity, care and alcohol consumption
I’ve come across a few cases recently where a key issue has been P’s alcohol consumption and their behaviour when drunk. It’s a tricky area that we have had some difficulty navigating, so it seemed like a worthwhile topic to write about. The first example concerns A, a middle-aged man with an acquired brain injuryContinue reading “Capacity, care and alcohol consumption”
How the court decides best interests: what that looks like in practice
This is a follow up to my series of posts about best interests decision-making in the Court of Protection. In those posts I broke down the process in stages, to demonstrate the issues the court explores. But this blog is ultimately about law in practice so I wanted to provide you with a bit moreContinue reading “How the court decides best interests: what that looks like in practice”
How the court decides best interests: when it comes down to it
I have broken down the stages of the process of reaching a best interests determination through the Court of Protection in a series of posts on this topic. If you’ve come across this post without reading the previous three posts, then you might want to start at the beginning and work your way through I’llContinue reading “How the court decides best interests: when it comes down to it”
How the court decides on best interests: is that really that important though?
This is the third post in my series about how the Court of Protection makes best interests decisions. In practice, it’s a messy process, but I have broken it down into stages to make it easier to understand. Or that’s my intention anyway. If I’m only confusing you further, I do apologise! So we startedContinue reading “How the court decides on best interests: is that really that important though?”
Human Rights Act reforms consultation
I have been putting off writing about this, and indeed putting off even reading the consultation because I knew it was going to make me angry. But I read it last week, as the window for response was closing and has now closed. And guess what? It made me angry My irritation started early inContinue reading “Human Rights Act reforms consultation”
Round table meetings: what to expect
Today I am going to talk about round table meetings during Court of Protection proceedings. Or RTMs as they are commonly referred to. They are a very valuable part of the process, but when invitations go out, I do get people calling me up to ask about what the meeting is for, and what they’llContinue reading “Round table meetings: what to expect”
How the court decides on best interests: part 2 What about this?
In part 1 of this series we looked at how to identify the available options, by talking about P and his future residence and care. The court is satisfied that there are currently 3 available options, Blue Care Home, Yellow Cottage supported living and Q’s house (his sister) with care from Pink Care Agency. SoContinue reading “How the court decides on best interests: part 2 What about this?”
Bearing a burden that isn’t yours to carry
The purpose of this blog is primarily to provide insights into the legal concepts and processes at play within adult social care. I am aware that most of you are here for that information. But I also believe in looking at concepts in context, and some of that context is personal. Burn out, compassion fatigueContinue reading “Bearing a burden that isn’t yours to carry”
Worcestershire revisited
I have written before about how ordinary residence is to be determined, in cases where an individual is admitted to hospital under section 3 Mental Health Act 1983 whilst already in receipt of s117 aftercare. My previous post summarised the legal position following the High Court’s decision in the Worcestershire case. At that point, anContinue reading “Worcestershire revisited”