I covered the basics of what the inherent jurisdiction is about in my previous post here. What this post will discuss is the reasons why it doesn’t provide a solution in the vast majority of cases. The first issue that presents is obtaining sufficient evidence to make a case to begin with. The type ofContinue reading “The inherent jurisdiction of the High Court: the regular red herring”
Tag Archives: professionals
Maybe if I just lock the door…
…and other solutions that seem like common sense, but can actually create complex issues. I get these a lot, when a practitioner is doing a routine call and and a family member mentions something they are doing to support their family member. It seems perfectly sensible to them, but it raises a red flag inContinue reading “Maybe if I just lock the door…”
Brave new world: continuing healthcare delays under court scrutiny
I want to talk about the case if Surrey County Council v NHS Lincolnshire Clinical Commissioning Group from 2020. This case largely slipped past under the radar for anyone who doesn’t have a special interest in continuing healthcare and the interplay between health and social care. But it was very interesting to me, and itContinue reading “Brave new world: continuing healthcare delays under court scrutiny”
Court of protection v inherent jurisdiction
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”
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”
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’”
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”