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”
Tag Archives: law
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”
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”
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”
The end of remote assessment for Mental Health Act 1983 purposes
This is a brief post on the implications of the judgment in Devon Partnership NHS Trust v SSHC [2021] EWHC 101 (Admin). I say brief, because I don’t have much to say beyond what has already been said. If you are not familiar with the judgement, then I will assume you have an enviable ability toContinue reading “The end of remote assessment for Mental Health Act 1983 purposes”
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”
Putting emotion to the side, and the personal price of impartial legal advice
When I was at university, I was trained to put emotion to the side. It weaves through all the work we do, particularly around professional conduct. After all, lawyers can be asked to undertake any number of tasks they find morally or emotionally objectionable. Lawyers defend child molesters; they support parents that may seem unfitContinue reading “Putting emotion to the side, and the personal price of impartial legal advice”
DP v Hillingdon and the issue that may or may not be
If you practice in this area of law, or work with people who do, you’ll have heard of this case, because it has set a lot of hares running in a number of cases. If you don’t, then you might not have given this case much thought unless your local authority legal team sends bulletinsContinue reading “DP v Hillingdon and the issue that may or may not be”
Back to work and routine
Contrary to popular belief, my team and I do not get the whole festive period off. There are certainly some places where solicitors shut up shop for 2 weeks. But not those of us that work in social care. In fact, December and January are often our busiest periods. After all, nothing triggers a mentalContinue reading “Back to work and routine”
A response to the government’s Christmas present to us all
Just a quick post today that as far as I can tell, the provisions enabling respite that I referred to in my previous post about those in supported accommodation visiting family during the pandemic continue in the latest iteration of the coronavirus regulations in all tiers (even tier 4). My previous post is here. SoContinue reading “A response to the government’s Christmas present to us all”