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”
Tag Archives: Best interests
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”
It begins… COVID-19 is starting to bring everything to a grinding halt
I, like many of you, I am sure, have been monitoring the updates as to advice and guidance on how to deal with the pandemic referred to as ‘coronavirus’. I had lengthy discussions with local authority colleagues on what this means from a DoLS perspective on Friday. To complete assessments for DoLS purposes assessors areContinue reading “It begins… COVID-19 is starting to bring everything to a grinding halt”
Evidence or assumption?
A few months ago I attended a very helpful conference on the Mental Capacity Act 2005 arranged by Switalskis solicitors. Its an annual event, but it was the first time I managed to persuade my employers to pay for some tickets. Amongst the many illuminating talks I attended, the one that stuck with me theContinue reading “Evidence or assumption?”
Coming up…
I am aware that I started this blog out of the blue and you out there, my (hopefully not imaginary) readers (I am joking, of course, I do know how to use the wordpress stats page). I have a plan, and now I am sharing it with you. I intend to post at least fortnightly,Continue reading “Coming up…”
Section 21A challenges: Trust me, it really isn’t personal
Social workers, care home managers, community medical professionals, I am talking to you. (A bit of the basics here for anyone new to the area – section 21A challenges are brought when P is in a hospital or care home and a standard authorisation under the Deprivation of Liberty Safeguards is in place. It isContinue reading “Section 21A challenges: Trust me, it really isn’t personal”
The (practical) limits of the Court of Protection
The powers of the Court of Protection are set out in the Mental Capacity Act 2005 ss15 to 23. In summary it can Make declarations as to an individual’s capacity Make declarations as to the lawfulness of actions taken in relation to that individual Make decisions on behalf of an individual who lacks capacity AppointContinue reading “The (practical) limits of the Court of Protection”