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They ask a range of care providers what their fees are to private clients, as opposed to the local customer, and they ask the council for advice and information as to working out roughly what the charge to the individual would be under the means test if one was to seek State support for going […]
We think it is hard, conceptually, to articulate why being cared for in a more expensive setting than one that charges the commissioner the average or going rate for that type and level of care is a NEED, rather than a want. We do not think that the ‘lifestyle choice’ footing for preferring a poser
It depends who is the manager and what is meant by a managed account. A commissioned budget spent on services contracted to the council, is the council’s business, not the client’s. A budget which has been converted into a direct payment in the person’s own name will be held in a bank account in their
The topic of whistleblowing has always been controversial, and particularly so with reference to the NHS and social services. In recent times the term has gone from being associated with the disclosure of an employer’s confidential information to the press (by what were perceived, more often than not, to be disgruntled employees), to being more
Whistleblowing and Pida Read More »
A For service users In general General Medical Council advice to members recommends a very high standard of openness towards patients, as a matter of ethical standards. It says You should not withhold information necessary for decision making unless you judge that disclosure would cause the patient serious harm – and this is not so if the
Access to Information Read More »
One instance of this where the law is now much clearer is that an independent advocate appointed by a local authority (under s.67 or 68 Care Act) “may examine and take copies of any relevant records relating to the individual in circumstances where … the individual does not have capacity … but the independent advocate
MENON, MENON & AUTUMN DAYS LTD v HEREFORDSHIRE COUNCIL (2016) Keywords: Defensible decision making; safeguarding The claimants owned and ran a residential care home which had local authority funded residents (under a framework contract). The contract provisions permitted the local authority to terminate the contract with notice, or immediately in the event of a serious
MENON, MENON & AUTUMN DAYS LTD v HEREFORDSHIRE COUNCIL (2016) Read More »
Access to personal records – fettering of discretion – adoption An adoption agency was ordered by the High Court to reconsider its decision not to allow an adopted woman to view confidential documents about her natural and adoptive parents. The judge said that the agency had not lawfully exercised its discretion. It had applied its
Mr Kennedy (the ‘Appellant’) was a journalist who appealed against a decision that the Charity Commission (the ‘Respondent’) was not legally required, under the Freedom of Information Act 2000 (‘FOIA’), to disclose certain documents. These documents related to three inquiries into the ‘Mariam Appeal’, following Mr Kennedy’s suspicion that charitable funds from the Appeal had
Kennedy (Appellant) v The Charity Commission (Respondent) [2014] UKSC 20 Read More »