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?”
Tag Archives: professionals
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”
Reflections on my first in person client visit
I am aware that most of you reading this will be social care practitioners in one capacity or the other, so you will probably read this and chuckle. But I imagine how I felt during my first client visit is a lot like how non-lawyers feel the first time they are asked to come toContinue reading “Reflections on my first in person client visit”
“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?”
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”