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’”

The dangers of capacity assessment shopping

I’d like to talk about what happens when you’ve got a capacity assessment that doesn’t match up with the frontline professionals’ views. This has come up for me, most recently, in the context of the Deprivation of Liberty Safeguards but it can come up in other contexts too. I’d also like to reflect on whatContinue reading “The dangers of capacity assessment shopping”

Coronavirus lockdown: do all planned visits to family homes have to stop?

The answer, in short is, in my opinion, no. However, there are a number of issues to consider before a weekend with the family, or some formal respite, is supported. In this post, I’ll talk about 3 big issues, 2 legal, 1 practical. But before we get started, I just want to detail the kindContinue reading “Coronavirus lockdown: do all planned visits to family homes have to stop?”

Revised MCA covid-19 guidance published

Last week, the government published its updated guidance on application on the Mental Capacity Act 2005 and Deprivation of Liberty Safeguards during the pandemic. I read this over the weekend (no, I don’t have anything better to do!). If you haven’t seen it yet, it’s here. It doesn’t look to me like a huge amountContinue reading “Revised MCA covid-19 guidance published”

Social care and health care joint working arrangements – what can go wrong

This post discusses a case example from my practice, suitably anonymised, where the local authority and NHS Clinical Commissioning Group should be working together to support a hospital discharge for an incapacitated adult, but that, to date, hasn’t quite worked out. Safety warning: I do work for the local authority here, so I’ll try toContinue reading “Social care and health care joint working arrangements – what can go wrong”

Best interests and coronavirus testing

I am going to start this post by saying that I have read the very useful note by 39 Essex Chambers on this point. I am certainly not naive enough to think that I know better than they do how the principles apply. But I did think it might help to look at some ofContinue reading “Best interests and coronavirus testing”

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”

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 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”

Case study: a question with no clear answer

When I started this blog, I said I would provide you with case studies and practical examples of how social care law works in practice. I had in mind a few of my interesting Court cases when I first mused on this point. But then today happened. One of my philosophies for working as anContinue reading “Case study: a question with no clear answer”