The DoLS eligiblity test: possible routes out of the mire

I am talking here specifically about the eligibility assessment for the purposes of granting a standard authorisation under the deprivation of liberty safeguards (commonly referred to as the DoLS scheme). In case you aren’t familiar with the DoLS scheme, I’ll give a brief overview. It is the mechanism by which deprivation of an individual’s libertyContinue reading “The DoLS eligiblity test: possible routes out of the mire”

Care Act assessment: part 1 first contact

I was shocked recently to discover how few resources my local authority had been able to access about Care Act assessments. Undertaking this work is so vital to the roles that local authorities fulfill, yet targeted training has, for us at least, been quite difficult to source. So I am sticking my oar in, soContinue reading “Care Act assessment: part 1 first contact”

Ordinary residence, s117 and the Worcestershire decision

This judgement was released on 22 March 2021, but it is unlikely to be the last word on this issue as an appeal is in the works. In the meantime, any cases raising similar issues will be stayed, and determination only given after the outcome of that appeal is known. For those not familiar withContinue reading “Ordinary residence, s117 and the Worcestershire decision”

The sad result of gaps in services

I would like, if you all don’t mind indulging me, to reflect on the often present problem of gaps in services. This is an issue, which I think has the potential to become more profound as services continue to be stretched and the country begins to feel the long-term effects of the last few difficultContinue reading “The sad result of gaps in services”

Supporting hospital discharge: Discharge to Assess part 2

So a while ago, I said I would do another post on the Discharge to Assess operating model, focussing on the detail, after my last post looked at the broad principles. It has taken me some time to do for a few reasons. Firstly, because I am expecting revised guidance as the emergency covid fundingContinue reading “Supporting hospital discharge: Discharge to Assess part 2”

Knowing your chickens from your eggs: distinguishing best interests decisions from public law decisions…

…and why that matters This is an issue that comes up a lot, and I have covered it in any number of training sessions I have led with practitioners and lawyers. So I am hoping that this will be useful to you too. Let’s start with what I mean by these terms. By public lawContinue reading “Knowing your chickens from your eggs: distinguishing best interests decisions from public law decisions…”

The inherent jurisdiction of the High Court: the regular red herring

I covered the basics of what the inherent jurisdiction is about in my previous post here. What this post will discuss is the reasons why it doesn’t provide a solution in the vast majority of cases. The first issue that presents is obtaining sufficient evidence to make a case to begin with. The type ofContinue reading “The inherent jurisdiction of the High Court: the regular red herring”

Maybe if I just lock the door…

…and other solutions that seem like common sense, but can actually create complex issues. I get these a lot, when a practitioner is doing a routine call and and a family member mentions something they are doing to support their family member. It seems perfectly sensible to them, but it raises a red flag inContinue reading “Maybe if I just lock the door…”

Brave new world: continuing healthcare delays under court scrutiny

I want to talk about the case if Surrey County Council v NHS Lincolnshire Clinical Commissioning Group from 2020. This case largely slipped past under the radar for anyone who doesn’t have a special interest in continuing healthcare and the interplay between health and social care. But it was very interesting to me, and itContinue reading “Brave new world: continuing healthcare delays under court scrutiny”

Court of protection v inherent jurisdiction

I wanted talk about the difference between the Court of Protection and the inherent jurisdiction of the High Court because I have seen this cause a bit of confusion more than once in my practice. I am going to start with a bit of background, so bear with me. The inherent jurisdiction of the HighContinue reading “Court of protection v inherent jurisdiction”