Why the courts are still talking about coronavirus vaccination

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”

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”

The transformation of social care

I wanted to take some time to talk about the government’s announcement in relation to future social care funding. I am going to try very hard to put my political views to one side here, and just give you a breakdown of what was announced, and what this means for social care in England. TheContinue reading “The transformation of social care”

“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?”

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”

Supporting hospital discharge: Discharge to Assess part 2

So a while ago, I said I would do another post on the Discharge to Assess operating model, focussing on the detail, after my last post looked at the broad principles. It has taken me some time to do for a few reasons. Firstly, because I am expecting revised guidance as the emergency covid fundingContinue reading “Supporting hospital discharge: Discharge to Assess part 2”

Supporting hospital discharge: Discharge to Assess part 1

This should really have been the first in my hospital discharge series, this being the most far-reaching of the policies I have explored. But its taken me a while to order my thoughts on this, and I’ve ended up breaking this into two posts. In this one, I’m going to talk ‘broad brush’ principles andContinue reading “Supporting hospital discharge: Discharge to Assess part 1”

Supporting hospital discharge: halfway hotels

This is the second in my series of posts about supporting hospital discharge during the pandemic. It will explore the as yet unnamed proposals for discharge hotels in all their complicated, vague glory. The first of those posts discussed designated settings for covid positive patients, and the complications involved in the creation of such settingsContinue reading “Supporting hospital discharge: halfway hotels”

Supporting hospital discharge: Designated settings

There are lots of bright ideas floating around at the moment about what social care can do to help ease pressures in NHS services. I’m going to talk through a few of them, because they are being made to seem much more straightforward than they actually are. Let’s begin with designated settings. When I talkedContinue reading “Supporting hospital discharge: Designated settings”