…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…”
Tag Archives: Basics
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”
Supporting hospital discharge: Discharge to Assess part 1
This should really have been the first in my hospital discharge series, this being the most far-reaching of the policies I have explored. But its taken me a while to order my thoughts on this, and I’ve ended up breaking this into two posts. In this one, I’m going to talk ‘broad brush’ principles andContinue reading “Supporting hospital discharge: Discharge to Assess part 1”
A return to the problem of ‘unco-operative patients’
I have written before about the difficulties I have encountered in practice in relation to individuals who do not co-operate with those trying to provide care and support. It’s causing particular issues with one of my cases this week, so I thought I would share. UP has a diagnosis of Emotionally Unstable Personality Disorder andContinue reading “A return to the problem of ‘unco-operative patients’”
Supporting hospital discharge: Designated settings
There are lots of bright ideas floating around at the moment about what social care can do to help ease pressures in NHS services. I’m going to talk through a few of them, because they are being made to seem much more straightforward than they actually are. Let’s begin with designated settings. When I talkedContinue reading “Supporting hospital discharge: Designated settings”
A response to the government’s Christmas present to us all
Just a quick post today that as far as I can tell, the provisions enabling respite that I referred to in my previous post about those in supported accommodation visiting family during the pandemic continue in the latest iteration of the coronavirus regulations in all tiers (even tier 4). My previous post is here. SoContinue reading “A response to the government’s Christmas present to us all”
Court process: displacement of nearest relative – part 3 obtaining the order and what happens after that
This post discusses the process after an application has been made to displace and/or appoint a nearest relative in the county court. Details on how to get to that point and in my previous posts. So, the legal representative will send the part 8 claim form, a draft order and the evidence provided by theContinue reading “Court process: displacement of nearest relative – part 3 obtaining the order and what happens after that”