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”

Let’s talk about court process – bonus: remote hearings

It occurred to me, helping one of my social workers prepare for a video hearing today, how little information about what actually happens in a remote hearing is available to anyone not ‘in the know’ with the court. So I thought I would add my thoughts, in the hope it might help some of you.Continue reading “Let’s talk about court process – bonus: remote hearings”

Let’s talk about court process: part 3 – hearings

In case you missed them, parts 1 and 2 of my posts about court process follow the same case study and you might want to go back to follow the story through. But now we get to the juicy bit that most people want to know about: court hearings. Don’t get too excited though, orContinue reading “Let’s talk about court process: part 3 – hearings”

DoLS, Ferreira and COVID-19

I have been meaning to write this post for a while and just when I was ready to share it, the government updated their MCA guidance in relation to the coronavirus. If you haven’t read it, it is available here: As it turns out, I’m glad they did update the guidance, because the additionalContinue reading “DoLS, Ferreira and COVID-19”

Mental Health Awareness Week

It is, I believe, Mental Health Awareness week. Whilst the purpose of this blog is largely to address legal issues, I am aware that none of those issues occur in a vacuum. Being a professional does not make us immune to emotion and stress, however much we wish it did sometimes. And working in theContinue reading “Mental Health Awareness Week”

Assessments, but do them remotely

So with the recent announcement that social distancing is likely to continue in one form or another for a while, we are all having to get used to ways of working more remotely. Remote assessments have been approved, in principle, by the government in the guidance on the MCA/DoLS that is available here TheContinue reading “Assessments, but do them remotely”

Tensions around hospital discharge

Hospital discharge arrangements are often a cause for tension or dispute. This won’t be a surprise to anyone who has had to get involved in these cases. And it’s understandable that this will occur, there are a lot of competing interests involved. For example, pressure on hospital beds are a big driver on NHS TrustContinue reading “Tensions around hospital discharge”

The thorny issue of direct payments part 2 – during COVID-19

I have already set out some basics on direct payments under the Care Act 2014 here: But the world is changing, at least temporarily, due to COVID-19 so I thought a separate post about direct payments specifically during the pandemic would be helpful. (If it isn’t, don’t feel the need to tell me, butContinue reading “The thorny issue of direct payments part 2 – during COVID-19”

I promise I am not being rude, but…

I am aware I said at the outset that I would post fortnightly, but after a flurry of posts about COVID-19, I have been quiet for a few weeks. My day job has been getting in the way. As I mentioned, we have had some new members join our team and supervising them whilst stillContinue reading “I promise I am not being rude, but…”

Let’s be clear on the human rights threshold

Today I joined a Department of Health and Social Care webinar on the Care Act easements. The limits of the technology were very clear. Despite the organisers trying their best, every speaker sounded like they were underwater and there was a lot of background noise (how hard is it to mute your microphone?!). Elements ofContinue reading “Let’s be clear on the human rights threshold”