Winter is coming – a brief word on the adult social care winter plan

There is so much guidance coming out at the moment that it is almost impossible to keep on top of it. I’m not even going to try to comment on every bit of it as it comes up. And I’ve already read Alex Ruck-Keane’s walk-through of the latest MCA guidance, I’m sure most of youContinue reading “Winter is coming – a brief word on the adult social care winter plan”

Human rights and the Coronavirus Act 2020

If you haven’t seen it yet, the Joint Committee on Human Rights has published a report exploring the human rights implications of the Coronavirus Act 2020 and its available here. It makes for interesting reading, and if you are the kind of nerd I am, then I do encourage you to read it. If not,Continue reading “Human rights and the Coronavirus Act 2020”

A day in the life of: lawyer in lockdown

Like many organisations, we are still working from home as much as possible. Our legal team have been told that we should expect to be one of the last to return to the office because we are doing ‘so well’ from home. Now I would dispute that analysis, given how fragmented the team has become,Continue reading “A day in the life of: lawyer in lockdown”

When everything hinges on a capacity assessment

I want to talk to you today about an issue that I am coming up against more and more at the moment in my day to day practice. Let’s refer to it as the ‘unco-operative patient’ issue. I am finding this to be a particular issue in personality disorder cases, where mental illness and personalityContinue reading “When everything hinges on a capacity assessment”

Ordinary residence downloadable guide

As promised, I am sharing an ordinary residence ‘cheat sheet’ that I referred to in my earlier posts. I am doing this at your request, and to help you all out. I am sure none of you lovely people would dream of trying to take credit for someone else’s work. But just in case, hereContinue reading “Ordinary residence downloadable guide”

Assessments, but do them remotely

So with the recent announcement that social distancing is likely to continue in one form or another for a while, we are all having to get used to ways of working more remotely. Remote assessments have been approved, in principle, by the government in the guidance on the MCA/DoLS that is available here TheContinue reading “Assessments, but do them remotely”

Tensions around hospital discharge

Hospital discharge arrangements are often a cause for tension or dispute. This won’t be a surprise to anyone who has had to get involved in these cases. And it’s understandable that this will occur, there are a lot of competing interests involved. For example, pressure on hospital beds are a big driver on NHS TrustContinue reading “Tensions around hospital discharge”

The thorny issue of direct payments part 2 – during COVID-19

I have already set out some basics on direct payments under the Care Act 2014 here: But the world is changing, at least temporarily, due to COVID-19 so I thought a separate post about direct payments specifically during the pandemic would be helpful. (If it isn’t, don’t feel the need to tell me, butContinue reading “The thorny issue of direct payments part 2 – during COVID-19”

The thorny issue of direct payments part 1 – pre-COVID-19

This is the first of 2 posts about direct payments. I have had an increase in the queries I receive about these, and it has got me thinking. Just so I am being clear from the outset, I confess that I am not a fan of direct payments. I think they are an excellent ideaContinue reading “The thorny issue of direct payments part 1 – pre-COVID-19”

Let’s be clear on the human rights threshold

Today I joined a Department of Health and Social Care webinar on the Care Act easements. The limits of the technology were very clear. Despite the organisers trying their best, every speaker sounded like they were underwater and there was a lot of background noise (how hard is it to mute your microphone?!). Elements ofContinue reading “Let’s be clear on the human rights threshold”