At CASCAIDr CIC, we know how the world of adult social care can seem impenetrably surreal – and how the reality is often very different from the rhetoric.
We think people could do with a refresher on the underlying principles, which come from a set of rules called ‘public law’. Understanding how THAT stuff works, is key to knowing where you ARE in the Care Act process – and for getting formal legal advice – or even for doing your job properly if you work in the care and support sector….
One of our tools for reminding anyone who’d like to know about this gap – whether that’s people working in adult social services decision-making, people who draw on services, their families, their advocates, their providers (or their political leaders!) is our CASCAIDr’s Principles Podcast Series.
People who used to work at CASCAIDr the charity, delivered these in 2023 and we’ve been able to take over the right to use these for CASCAIDr CIC work. The recordings have been added against the topic title, below.
The recordings of each session are available on our YouTube channel. For a direct link to the playlist for this series please click here.
NEW: You can now access these Principles Podcasts on both Apple and Spotify!
⭐ Who from: Belinda Schwehr, who first offered free sessions to the public on this topic in 1997 – this time around, without any train journey being required! No biscuits though, this time…
⭐ What: An explanation in ordinary English about how we can’t afford to forget the principles that shape and inform adults’ social workers’ approaches to who gets what, by way of care and support. The principles are clear, and councils, the Courts and the Ombudsman – even ICBs – are all obliged to follow the law.
⭐ How: Belinda delivered these sessions through the content of all the landmark cases, so that nobody loses sight of where these principles came from – providing an insight into how they are key to accountability.
⭐ Cost: Absolutely free! We believe in broadening access to essential knowledge – and any fee presents a barrier to those who need it most.
Some feedback the Charity received for these, before its closure : “Fantastic session – informative, thorough and appreciated – as always. Thank you”, “So very clear and helpful. Thanks so much, Belinda”
- What it means to act lawfully when delivering Care Act functions – overview – and why it matters to pull councils up when they do not act lawfully; and why it’s important to insist on remedies, including restitution (CP v NE Lincs)
- The recording of this session is now available to view here.
- The basic need to follow the Guidance unless there’s a very good reason not to: examples are the Care and Support Guidance, the MHA Code, the MCA Code the Homelessness Code (AK v Islington)
- The recording of this session is now available to view here.
- Distinguishing powers and discretions from duties, triggered by a professional judgment where acting defensibly is all that is required – (Gloucestershire, Bristol, Re X, Haringey, Hackney)
- The recording of this session is now available to view here.
- Being able to identify the correct decision-maker, under the Care Act (Merton, and MN)
- The recording of this session is now available to view here.
- Acting rationally Part One (with an evidence basis and not ignoring the evidence basis) (Redbridge, Birmingham, Oxfordshire, Southwark, Merton)
- The recording of this session is now available to view here.
- Acting rationally Part Two (by not taking leave of one’s senses) (Westminster, Sutton (a pre Care Act case)
- The recording of this session is now available to view here.
- Acting fairly, part one: – full information and participation rights (KK, Croydon (a pre Care Act case and a more recent Croydon case too)
- The recording of this session is now available to view here.
- Acting fairly, part two: – stating or giving reasons (Kensington & Chelsea)
- The recording of this session is now available to view here.
- Not negating a council’s discretion by bias, pre-determination or rigid fettering (Bromley, Lewisham, Suffolk)
- The recording of this session is now available to view here.
- Not making an error of law about the meaning of the words or duties in the Care Act (Suffolk, Croydon, Westminster)
- The recording of this session is now available to view here.
- Abiding by Human Rights, properly understood, part one: Articles 3 and 8 (Enfield, Gunter, Kensington & Chelsea, Sutton (Clarke))
- The recording of this session is now available to view here.
- Abiding by Human Rights, properly understood, part two: Articles 5 and 9 (DoLS caselaw and MR v LBX)
- The recording of this session is now available to view here.
- Not discriminating unlawfully (Norfolk) – looking at how article 14 discrimination can make a decision unlawful, in a public law case.
- The recording of this session is now available to view here.
- Not delaying unconscionably (Sutton, and DMA) – looking at whether the Courts would be likely to decide that a duty really IS a duty, in difficult times.
- The recording of this session is now available to view here.
For people not wanting to be running Zoom accounts, the recording links on YouTube won’t need you to download Zoom, but they will just take a little longer to get to you.