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”
Category Archives: Care Act 2014
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 https://www.gov.uk/government/publications/coronavirus-covid-19-looking-after-people-who-lack-mental-capacity. 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: http://musingsoflocalauthorityasclawyer.com/2020/05/02/the-thorny-issue-of-direct-payments-part-1-pre-covid-19/I 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”
Contacting loved ones in the new age
You may or may not have seen the decision on the BP v Surrey County Council case discussing contact with loved ones during the coronavirus pandemic. If you haven’t seen it, it is here https://www.bailii.org/ew/cases/EWCOP/2020/17.html This raised an issue that had been nagging me, and I alluded to it in my previous posts about careContinue reading “Contacting loved ones in the new age”
When guidance isn’t really guidance
Is it just me, or does the guidance on the Care Act easements seem a bit, well, vague?! If you haven’t seen it, it is here: https://www.gov.uk/government/publications/coronavirus-covid-19-changes-to-the-care-act-2014/care-act-easements-guidance-for-local-authorities Now this might just be my bitterness, because I have been working flat out to get some Covid FAQs out for my local authority, and I had toContinue reading “When guidance isn’t really guidance”