In part 1 of this series we looked at how to identify the available options, by talking about P and his future residence and care. The court is satisfied that there are currently 3 available options, Blue Care Home, Yellow Cottage supported living and Q’s house (his sister) with care from Pink Care Agency. SoContinue reading “How the court decides on best interests: part 2 What about this?”
Tag Archives: law in practice
What it’s like to work as an in house local authority lawyer: what I didn’t like
This is not a bitter confessional from a disgruntled employee, but it is only fair to acknowledge some of the challenges of working in local authority as an adult social care lawyer. I don’t work there anymore, so if I couldn’t give some negatives, you’d just assume I was lying! I spoke in my earlierContinue reading “What it’s like to work as an in house local authority lawyer: what I didn’t like”
What its like to work as an in house local authority lawyer: what I loved
For many, New Year is a time for reflection and 2021 has certainly been an eventful year. As regular readers of this blog will know, 2021 is also the year I left local authority and took a private practice role. It’s been nearly 6 months since then and I am (probation period dependant) settling intoContinue reading “What its like to work as an in house local authority lawyer: what I loved”
How the court decides best interests: part 1 What are my options?
I wanted to offer some practical insights on how the Court of Protection makes decisions about what is in a person’s (always referred to as P) best interests. Because it sounds simple, but it isn’t. And I’ve spoken to so many professionals and family members who are so clear that they are advocating for P’sContinue reading “How the court decides best interests: part 1 What are my options?”
Tips for statement writing: What lawyers really think when they read a statement
I am going to talk today about witness statements, but a lot of these principles will apply to any formal report that is used to evidence reasoning such as assessments for Deprivation of Liberty Safeguards, social circumstances reports etc. This is largely aimed at social care professionals, because family members and other ‘lay people’ willContinue reading “Tips for statement writing: What lawyers really think when they read a statement”
When lawyers really just need to do better
I have picked up a case recently in the Court of Protection, representing a family member of P. It is interesting, and when I say interesting you can read frustrating, time-consuming and way more complicated that it needs to be. The difficulty has nothing to do with P, and a lot to do with P’sContinue reading “When lawyers really just need to do better”
Life gets in the way
This is just a quick post to apologise for the lack of activity on here this month. I have a number of different posts half written, but have been struggling to focus and decide what to write about first. My case load is increasing at work, and I’m in the midst of Christmas preparations. AsContinue reading “Life gets in the way”
Evidence or assumption?
A few months ago I attended a very helpful conference on the Mental Capacity Act 2005 arranged by Switalskis solicitors. Its an annual event, but it was the first time I managed to persuade my employers to pay for some tickets. Amongst the many illuminating talks I attended, the one that stuck with me theContinue reading “Evidence or assumption?”
But first, some basics…
My role involves primarily dealing with 3 pieces of legislation: Mental Health Act 1983; Mental Capacity Act 2005 and Care Act 2014. I am going to attempt to summarise the key bits of these pieces of legislation insofar as they relate to core adult social care local authority work for you, in case you readContinue reading “But first, some basics…”
The (practical) limits of the Court of Protection
The powers of the Court of Protection are set out in the Mental Capacity Act 2005 ss15 to 23. In summary it can Make declarations as to an individual’s capacity Make declarations as to the lawfulness of actions taken in relation to that individual Make decisions on behalf of an individual who lacks capacity AppointContinue reading “The (practical) limits of the Court of Protection”