I want to talk about the case of North Yorkshire CCG v E and others, which was heard only recently and explored whether or not it was in E’s best interests to be vaccinated against coronavirus. At first glance, it seems that this is a settled issue. Certainly, there is now a consistent stream ofContinue reading “Why the courts are still talking about coronavirus vaccination”
Tag Archives: case update
Worcestershire revisited
I have written before about how ordinary residence is to be determined, in cases where an individual is admitted to hospital under section 3 Mental Health Act 1983 whilst already in receipt of s117 aftercare. My previous post summarised the legal position following the High Court’s decision in the Worcestershire case. At that point, anContinue reading “Worcestershire revisited”
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”
“Authorisation …would serve only to protect the local authority from acting unlawfully”
I was reading through the many case updates that arrived in my inbox the other morning and one really stood out to me: the case of Nottinghamshire v LH [2021] EWHC 2584. It is a judgement of the High Court under its inherent jurisdiction, and it relates to a child. So it wouldn’t normally catchContinue reading ““Authorisation …would serve only to protect the local authority from acting unlawfully””
Here’s the thing with DoLS… Reflections on the LGO’s recommendations to Kent County Council
I, like many of you, have been following the latest chapter in the DoLS saga with interest. I am referring, of course, to the Local Government Ombudsman’s report regarding Kent County Council’s delays in processing standard authorisations and Kent County Council’s, frankly very honest, response to those Ombudsman’s recommendations. The circumstances reported to the OmbudsmanContinue reading “Here’s the thing with DoLS… Reflections on the LGO’s recommendations to Kent County Council”
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”
Ordinary residence, s117 and the Worcestershire decision
This judgement was released on 22 March 2021, but it is unlikely to be the last word on this issue as an appeal is in the works. In the meantime, any cases raising similar issues will be stayed, and determination only given after the outcome of that appeal is known. For those not familiar withContinue reading “Ordinary residence, s117 and the Worcestershire decision”
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”
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”
Mental Capacity Act and covid-19 vaccination: the court’s approach so far
There have, to my knowledge, been 2 reported cases on this issue so far: E (Vaccine) [2021] EWCOP 7 and SD v Royal Borough of Kensington and Chelsea [2021] EWCOP 14 Initially, I wasn’t planning on talking about this subject. Primarily because for those of us in local authority this is not really high onContinue reading “Mental Capacity Act and covid-19 vaccination: the court’s approach so far”