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 DoLS eligiblity test: possible routes out of the mire

I am talking here specifically about the eligibility assessment for the purposes of granting a standard authorisation under the deprivation of liberty safeguards (commonly referred to as the DoLS scheme). In case you aren’t familiar with the DoLS scheme, I’ll give a brief overview. It is the mechanism by which deprivation of an individual’s libertyContinue reading “The DoLS eligiblity test: possible routes out of the mire”

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”

A return to the problem of ‘unco-operative patients’

I have written before about the difficulties I have encountered in practice in relation to individuals who do not co-operate with those trying to provide care and support. It’s causing particular issues with one of my cases this week, so I thought I would share. UP has a diagnosis of Emotionally Unstable Personality Disorder andContinue reading “A return to the problem of ‘unco-operative patients’”

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”

Court process: displacement of nearest relative – part 2 making the application

This is the second post in this series. If you haven’t seen it, it’s available here. So what happens after the AMHP has spoken to the legal team and its been agreed that a displacement, or appointment, of a nearest relative is needed? Well, let me tell you. In my authority, as I’m sure inContinue reading “Court process: displacement of nearest relative – part 2 making the application”

Court process: displacement of nearest relative – part 1 identifying the need for displacement/appointment

I am sure that any of you who are AMHP trained are familiar with the provisions of S29 Mental Health Act 1983 that enable the county court to displace a nearest relative and appoint someone to act as nearest relative in their place. But unless you have done this before, or have received some practicalContinue reading “Court process: displacement of nearest relative – part 1 identifying the need for displacement/appointment”

Case study: an update

It seems a few of you have been reading my case study about the difficulties of enforcing the social distancing guidance and regulations. It’s testament to how little guidance there is on this issue that my little blog is getting so many hits. I’m grateful and mildly intimidated. So I thought I would provide youContinue reading “Case study: an update”

Case study: a question with no clear answer

When I started this blog, I said I would provide you with case studies and practical examples of how social care law works in practice. I had in mind a few of my interesting Court cases when I first mused on this point. But then today happened. One of my philosophies for working as anContinue reading “Case study: a question with no clear answer”

Summary of the proposed measures to support health and social care during the pandemic

I promised I would share guidance as I come across it. The latest proposals for emergency legislation are summarised here: https://www.gov.uk/government/publications/coronavirus-bill-what-it-will-do/what-the-coronavirus-bill-will-do I have to say, as short term measures, a lot of this sounds sensible and pragmatic. Suggesting delays to continuing healthcare assessments did give me pause, simply because I can’t imagine that process becomingContinue reading “Summary of the proposed measures to support health and social care during the pandemic”