A reminder of why DoLS matters

In this post I’m going to talk about one of my recent cases which I think highlights why the whole DoLS process is important. I think it’s very easy when systems are overworked, and when it is acknowledged that the current process is far from ideal, to start to see DoLS as an inconvenience andContinue reading “A reminder of why DoLS matters”

Capacity, care and alcohol consumption

I’ve come across a few cases recently where a key issue has been P’s alcohol consumption and their behaviour when drunk. It’s a tricky area that we have had some difficulty navigating, so it seemed like a worthwhile topic to write about. The first example concerns A, a middle-aged man with an acquired brain injuryContinue reading “Capacity, care and alcohol consumption”

How the court decides best interests: when it comes down to it

I have broken down the stages of the process of reaching a best interests determination through the Court of Protection in a series of posts on this topic. If you’ve come across this post without reading the previous three posts, then you might want to start at the beginning and work your way through I’llContinue reading “How the court decides best interests: when it comes down to it”

How the court decides on best interests: is that really that important though?

This is the third post in my series about how the Court of Protection makes best interests decisions. In practice, it’s a messy process, but I have broken it down into stages to make it easier to understand. Or that’s my intention anyway. If I’m only confusing you further, I do apologise! So we startedContinue reading “How the court decides on best interests: is that really that important though?”

How the court decides on best interests: part 2 What about this?

In part 1 of this series we looked at how to identify the available options, by talking about P and his future residence and care. The court is satisfied that there are currently 3 available options, Blue Care Home, Yellow Cottage supported living and Q’s house (his sister) with care from Pink Care Agency. SoContinue reading “How the court decides on best interests: part 2 What about this?”

Much ado about financial deputies

I rarely delve into financial aspects of the MCA, partly because it comes up very rarely in my role, and partly because cases of interest are so infrequent. But I read this on a few weeks ago, and it’s been playing on my mind. The case of Sunil Kambli v Public Guardian and others [2021]Continue reading “Much ado about financial deputies”

Social care law in the spotlight: what if Britney Spears’ conservatorship was in the English courts…

I think now is a very interesting time to be an adult social care lawyer (or community care lawyer as it is referred to at my new place of work). We tend to slip by under the radar and it’s certainly not a specialism that attracts attention the way criminal law does, for example. ButContinue reading “Social care law in the spotlight: what if Britney Spears’ conservatorship was in the English courts…”

Care Act assessment: part 4 the write-up

This is the final post in my series about Care Act needs assessments. So far we have looked at the actions to be taken at first contact with an individual, the eligibility criteria and the need for the process to be person-centred, appropriate and proportionate. This last post will explore one of my favourite topics:Continue reading “Care Act assessment: part 4 the write-up”

An example of when locking the door can be a sign of something much more troubling

I spoke before about why steps that family members take with good intentions can actually be a significant issue for social care practitioners to navigate. Shortly afterwards a judgement was published which demonstrated that issue very well for me. And it’s not that every instance of these measures always does turn out to be aContinue reading “An example of when locking the door can be a sign of something much more troubling”

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”