Tag Archives: Care Act

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 – […]