Category Care Act, Social Services,

THE HEALTH PROTECTION (CORONAVIRUS RESTRICTION) REGULATIONS CONSIDERED BY THE COURT

The  Health Protection (Coronavirus Restriction) Regulations 2020  were considered by Mrs Justice Lieven in VE v AO & Ors [2020] EWCOP 23. This case also shows that the courts can determine that it is in the best interests of a person to leave a residential home to be with their family, in very specific (and […]

THE CARE ACT, ARTICLE 8 AND LOCAL AUTHORITY DUTIES: WHAT CAN A RECENT CASE TELL US ABOUT A LOCAL AUTHORITY’S DUTY?

The  recent judgment in R(Idolo) v London Borough of Bromley [2020] EWHC 860 (Admin) provides an important discussion of the positive duties of the state under Article 8 ECHR – and specifically, the issue of when an Article 8 breach may arise in the absence of any failure of a local authority to carry out […]

Articles 3 and 8 in the time of Coronavirus: a new case with implications for local authorities using the Care Act ‘easements’

The Care Act ‘easements’ were brought into force on 31 March 2020. Per the statutory guidance, local authorities may take a decision to apply the new and much higher threshold for receiving care. That threshold states that a person is not entitled to receive care and support from a local authority as a matter of […]

Coronavirus Act amendments to the Care Act now in force and guidance on adult social care duties published

Arianna Kelly looks at the newly-published guidance on social care during the Emergency Period.   The Secretary of State made regulations on 31 March to bring into force extensive changes to the Care Act 2014. Guidance on the application of these changes has also been published: https://www.gov.uk/government/publications/coronavirus-covid-19-changes-to-the-care-act-2014/care-act-easements-guidance-for-local-authorities  Care Act easements: guidance for local authorities – […]

Emergency Covid-19 Guidance on DOLS is awaited

One of the first pieces of guidance to appear in relation to the Mental Capacity Act 2005 was NHS’s COVID-19 Hospital Discharge Service Requirements  , published on 19 March 2020, which at page 29, states:   “Duties under the Mental Capacity Act 2005 still apply during this period. If a person is suspected to lack the relevant […]

THE CORONAVIRUS ACT AND THE CARE ACT: THE KEY POINTS

The former Coronavirus Bill is now the Coronavirus Act 2020. The bill was not significantly amended in relation to the proposed changes to the Care Act – however, per s.87(2) of the Coronavirus Act, the changes relating to the Care Act will not come into force until further regulations are made to that effect. Arianna […]

Guidance Covid-19: Ethical Framework for Adult Social Care

Arevik Jackson looks at the Ethical Framework for Adult Social Care.  The guidance is available here.  The Guidance aims to support the work of professionals and others in the health and social care workforce who are developing policies and responding to the outbreak in line with their own professional codes of conduct. It acknowledges that […]

COVID-19: GUIDANCE FOR SUPPORTED LIVING PROVISION

Arevik Jackson, pupil barrister at Kings,  provides an outline of the Public Health Guidance for supported living.   The Guidance provides an outline of steps that supported living providers can take to maintain service delivery through setting out key messages to support planning and preparation in the event of an outbreak or widespread transmission of […]

THE CORONAVIRUS BILL AND THE CARE ACT: THE PROFOUND IMPLICATIONS FOR LOCAL AUTHORITY OBLIGATIONS TO MEET CARE NEEDS

Arinanna Kelly looks at the profound changes that the Coronavirus Bill proposes to the legal obligations of local authorities’ obligations under the Care Act 2014.   Schedule 11 of the Coronavirus Bill proposes to dramatically alter the duties of local authorities in relation to meeting the care and support needs of those who are unable […]