If we decide to meet some non-eligible needs or have transitional arrangements because our local pre-Care Act eligibility criteria were more generous than the Care Act eligibility regulations, do they have to be the same for all groups? There is no reason in law why criteria for provision should necessarily be tightened across all service […]
Whilst they are definitely professionals, with their own code of conduct and ethics and values, they are also employees. They are employees of public bodies upon whom Parliament has imposed statutory responsibilities, and they are employed to perform those functions, not social work in a vacuum. Thus when a care manager goes out to assess
Put another way, outside the Health Act flexibilities, are there lawful powers a) for a local authority to arrange for the discharge of its functions by an ICB or an officer working for the ICB? or b) for an ICB and a local authority to establish arrangements for the joint discharge of their respective functions?
There are several offences which are aimed at protecting vulnerable adults. Section 108 Domestic Violence Crime and Victims Act 2004, ‘causing or allowing the death of a child or vulnerable adult’, • Section 127 MHA How will SOCPA 2005 impact on the criminal offences aimed specifically at the protection of vulnerable adults?1983, ‘ill-treatment or neglect by
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This question is still relevant, because there are 2 years’ worth of patients and clients who have been entitled, since Coughlan, to challenge the criteria in force at the time, or the interpretation and application of those criteria. We predict that cases will be wending their way through the courts for some time to come. There are also
Robertson v Fife, a Scots case, suggests that it will be relatively easy for the authority to arrive at a deprivations decision, so long as it pays attention to some basics. On the other hand, a human rights challenge involving Dorset County Council has been won at High Court level, in relation to the compatibility of the deprivations decision-making power
A patient’s nearest relative is laid down in s26 Mental Health Act, in a list with a hierarchy of first to last, by reference to the closeness of the relationship. Before guardianship can proceed, there is a requirement to contact the nearest relative and inform them of the proposal, and to give them a chance
The RNCC tool applies to all adult client groups. Before the decision is made to seek permanent admission to a care home, all other possible options must have been explored. Thus the nurse assessor must reconsider continuing care, long term rehabilitation courtesy of the NHS, intermediate care courtesy of the NHS, etc before deciding on
How does the Registered Nurse Contribution to Care tool work? Read More »
This Act came into force on 1st January 2006 and now gives the police a power to arrest for any offence, however minor, where the requisite criteria are satisfied. Section 24 of the Police and Criminal Evidence Act 1984 (PACE) which governs powers of arrest for arrestable offences is replaced by new provisions, giving the