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”
Tag Archives: court of protection
Reflections on my first in person client visit
I am aware that most of you reading this will be social care practitioners in one capacity or the other, so you will probably read this and chuckle. But I imagine how I felt during my first client visit is a lot like how non-lawyers feel the first time they are asked to come toContinue reading “Reflections on my first in person client visit”
“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””
I’ve been notified about s21A proceedings, what do I do?
This is a question I get asked a lot, so I will try to talk you through the process as well as I can, both for professionals and family members. If you don’t know what s21A proceedings are, don’t worry, not many people do. They are very specialised proceedings in the Court of Protection broughtContinue reading “I’ve been notified about s21A proceedings, what do I do?”
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…”
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”
Knowing your chickens from your eggs: distinguishing best interests decisions from public law decisions…
…and why that matters This is an issue that comes up a lot, and I have covered it in any number of training sessions I have led with practitioners and lawyers. So I am hoping that this will be useful to you too. Let’s start with what I mean by these terms. By public lawContinue reading “Knowing your chickens from your eggs: distinguishing best interests decisions from public law decisions…”
Maybe if I just lock the door…
…and other solutions that seem like common sense, but can actually create complex issues. I get these a lot, when a practitioner is doing a routine call and and a family member mentions something they are doing to support their family member. It seems perfectly sensible to them, but it raises a red flag inContinue reading “Maybe if I just lock the door…”
Court of protection v inherent jurisdiction
I wanted talk about the difference between the Court of Protection and the inherent jurisdiction of the High Court because I have seen this cause a bit of confusion more than once in my practice. I am going to start with a bit of background, so bear with me. The inherent jurisdiction of the HighContinue reading “Court of protection v inherent jurisdiction”
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”