Here’s the thing with DoLS… Reflections on the LGO’s recommendations to Kent County Council

I, like many of you, have been following the latest chapter in the DoLS saga with interest. I am referring, of course, to the Local Government Ombudsman’s report regarding Kent County Council’s delays in processing standard authorisations and Kent County Council’s, frankly very honest, response to those Ombudsman’s recommendations. The circumstances reported to the OmbudsmanContinue reading “Here’s the thing with DoLS… Reflections on the LGO’s recommendations to Kent County Council”

Social care law in the spotlight: what if Britney Spears’ conservatorship was in the English courts…

I think now is a very interesting time to be an adult social care lawyer (or community care lawyer as it is referred to at my new place of work). We tend to slip by under the radar and it’s certainly not a specialism that attracts attention the way criminal law does, for example. ButContinue reading “Social care law in the spotlight: what if Britney Spears’ conservatorship was in the English courts…”

Care Act assessment: part 4 the write-up

This is the final post in my series about Care Act needs assessments. So far we have looked at the actions to be taken at first contact with an individual, the eligibility criteria and the need for the process to be person-centred, appropriate and proportionate. This last post will explore one of my favourite topics:Continue reading “Care Act assessment: part 4 the write-up”

Square pegs and round holes: mental health at work and knowing when it is time to move on

It feels like a betrayal, having started this blog as a local authority lawyer, to now be telling you that I am no longer working for a local authority. But its true. The blog will continue, but my day job has changed. If you’ve been reading this blog for a little while, you’ll have comeContinue reading “Square pegs and round holes: mental health at work and knowing when it is time to move on”

Care Act assessment: part 3 tailored assessments

This is the third post in my series about Care Act assessments of need. The first post explored the issues to be considered at the beginning of the assessment, and the second post talked through the eligibility criteria. This post will discuss how authorities tailor their assessment process to the individual being assessed. The careContinue reading “Care Act assessment: part 3 tailored assessments”

Care Act assessment: part 2 the criteria

This is the second post in my series on Care Act needs assessments. You can read the first part here. That post discussed the start of the process, and issues practitioners have to be mindful of at that stage. This post explores the eligibility criteria against which assessments must be conducted. These criteria are setContinue reading “Care Act assessment: part 2 the criteria”

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”

Care Act assessment: part 1 first contact

I was shocked recently to discover how few resources my local authority had been able to access about Care Act assessments. Undertaking this work is so vital to the roles that local authorities fulfill, yet targeted training has, for us at least, been quite difficult to source. So I am sticking my oar in, soContinue reading “Care Act assessment: part 1 first contact”

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”

The sad result of gaps in services

I would like, if you all don’t mind indulging me, to reflect on the often present problem of gaps in services. This is an issue, which I think has the potential to become more profound as services continue to be stretched and the country begins to feel the long-term effects of the last few difficultContinue reading “The sad result of gaps in services”