Tag Archives: social care

Let’s talk about court processes: part 2 – ongoing proceedings

Let’s return to our example of P. At the end of my last post, we had got as far as the application being made, mum being notified of this, and a hearing date being set. So now what? Well the Official Solicitor will have to consider the papers and decide whether or not to acceptContinue reading “Let’s talk about court processes: part 2 – ongoing proceedings”

Let’s talk about court processes: part 1 – making the application

The headline from my series on court process is that the court of protection is not like the courts you see in TV dramas. As a side note, in my career I’ve not seen much evidence that any real court is much like the ones we see on TV but this is especially true forContinue reading “Let’s talk about court processes: part 1 – making the application”

Ordinary residence: the process

This is the third post in my overview series about ordinary residence. I’ve gone over the basics, and outlined some of the problem areas, so now I want to talk about the process i.e. How we actually go about resolving these disputes. I have said it before and I will say it again: this isContinue reading “Ordinary residence: the process”

DoLS, Ferreira and COVID-19

I have been meaning to write this post for a while and just when I was ready to share it, the government updated their MCA guidance in relation to the coronavirus. If you haven’t read it, it is available here: https://www.gov.uk/government/publications/coronavirus-covid-19-looking-after-people-who-lack-mental-capacity As it turns out, I’m glad they did update the guidance, because the additionalContinue reading “DoLS, Ferreira and COVID-19”

Mental Health Awareness Week

It is, I believe, Mental Health Awareness week. Whilst the purpose of this blog is largely to address legal issues, I am aware that none of those issues occur in a vacuum. Being a professional does not make us immune to emotion and stress, however much we wish it did sometimes. And working in theContinue reading “Mental Health Awareness Week”

Assessments, but do them remotely

So with the recent announcement that social distancing is likely to continue in one form or another for a while, we are all having to get used to ways of working more remotely. Remote assessments have been approved, in principle, by the government in the guidance on the MCA/DoLS that is available here https://www.gov.uk/government/publications/coronavirus-covid-19-looking-after-people-who-lack-mental-capacity. TheContinue reading “Assessments, but do them remotely”

Knowing what you bring to the table

Bear with me here, this might get a bit cheesy, but I think the message is important. I want to talk about how we get by, working in teams across different disciplines. Because that in itself is an important skill. So we are going to talk about planning a metaphorical dinner party. The first thingContinue reading “Knowing what you bring to the table”

Tensions around hospital discharge

Hospital discharge arrangements are often a cause for tension or dispute. This won’t be a surprise to anyone who has had to get involved in these cases. And it’s understandable that this will occur, there are a lot of competing interests involved. For example, pressure on hospital beds are a big driver on NHS TrustContinue reading “Tensions around hospital discharge”

The thorny issue of direct payments part 2 – during COVID-19

I have already set out some basics on direct payments under the Care Act 2014 here: http://musingsoflocalauthorityasclawyer.com/2020/05/02/the-thorny-issue-of-direct-payments-part-1-pre-covid-19/I But the world is changing, at least temporarily, due to COVID-19 so I thought a separate post about direct payments specifically during the pandemic would be helpful. (If it isn’t, don’t feel the need to tell me, butContinue reading “The thorny issue of direct payments part 2 – during COVID-19”