social care | Local Authority Lawyer in Adult Social Care

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”

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”

An example of when locking the door can be a sign of something much more troubling

I spoke before about why steps that family members take with good intentions can actually be a significant issue for social care practitioners to navigate. Shortly afterwards a judgement was published which demonstrated that issue very well for me. And it’s not that every instance of these measures always does turn out to be aContinue reading “An example of when locking the door can be a sign of something much more troubling”

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”

Supporting hospital discharge: Discharge to Assess part 2

So a while ago, I said I would do another post on the Discharge to Assess operating model, focussing on the detail, after my last post looked at the broad principles. It has taken me some time to do for a few reasons. Firstly, because I am expecting revised guidance as the emergency covid fundingContinue reading “Supporting hospital discharge: Discharge to Assess part 2”