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…”
Tag Archives: Case studies
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”
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?”
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”
Spot the difference: The need for precision in capacity assessments
I wrote previously about the importance of evidence and not making assumptions here. It’s something I have been thinking about again, in the context of some work I was involved with over the last few weeks. Because I was involved with 2 cases with very different facts, but raising a central issue around assessing capacityContinue reading “Spot the difference: The need for precision in capacity assessments”
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”