Statutory Advocacy (Care Act, Mental Capacity Act, Mental Health Act)

LGSCO finds Bristol City Council at fault for failing to make and record clear best interest decisions when the situation required it

Leave a Comment / Advocacy LGO, Advocacy, Involvement and Participation, Advocacy, Involvement, Participation, Information rights and Consultation, Assessment and Eligibility, Assessment under the Care Act, Care Act advocacy rights for Care Planning, Care Planning, Budgets and Choice Rights, Care Plans and Cuts LGO, Delay, Delay In General LGO, Due Process requirements for revising any care or support plan based on the Care Act regime, Due process rights in care planning, Failings to Assess, Reassess, Review LGO, How the Mental Capacity Act affects the Care Act, Intro to Ombudsman reports RE Advocacy, Involvement, Information sharing and Consultation, Intro to Ombudsman reports RE Delay in General, Intro to Ombudsman reports RE mental capacity and best interests decision-making, Involvement and advocacy rights for a Care Act revision process, Mental Capacity Act provisions relevant to care or support plan revisions, Mental Capacity LGO, Power of attorney and deputyship - scope and limitations, Relevance of mental capacity for Choice of Accommodation Rights, Restitution LGO, Reviews and Revisions (cuts or changes to content), Safeguarding, Harm, Deprivation of Liberty LGO, Statutory Advocacy (Care Act, Mental Capacity Act, Mental Health Act), The relevance of Mental Capacity (and incapacity) for Care Planning, and who is the decision-maker, Timeliness and the duty to meet needs - unconscionable delay /

Decision date:   19 May 2024 Summary:  The LGSCO investigated a complaint made in relation to the support provided to an adult, after the adult’s mother and main carer passed away. It found that the Council had failed to follow the Best Interests decision-making process in line with the Mental Capacity Act 2005 and make a […]

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Advocacy under the Care Act

Leave a Comment / Advocacy, Involvement, Participation, Information rights and Consultation, Statutory Advocacy (Care Act, Mental Capacity Act, Mental Health Act) /

Statutory guidance establishes the importance of the individual participating as fully as possible in decisions about them (1.14(e)).  There will be situations where an individual may require additional support to enable this to happen.   Through the provision of information and advice, local authorities must inform an individual of their right to and purpose of independent

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Would a care act advocate bring a concern about a client’s rights to the MO only based on their own concerns for the treatment of a client or upon the request of that client?

Leave a Comment / Advocacy, Involvement and Participation Q&As, Advocacy, Involvement, Participation, Information rights and Consultation, Care Planning, Budgets and Choice Rights, Due process rights in care planning, Q&As on Advocacy, Involvement and Participation, Statutory Advocacy (Care Act, Mental Capacity Act, Mental Health Act), The relevance of Mental Capacity (and incapacity) for Care Planning, and who is the decision-maker /

The Care Act Advocate would do this (write a Report – that sort of a document is regarded in the Advocacy regulations as what the advocate SHOULD do) from their own perceptions and using their own initiative if the person lacked capacity and from the features of being the advocate if the person in question

Would a care act advocate bring a concern about a client’s rights to the MO only based on their own concerns for the treatment of a client or upon the request of that client? Read More »

Re KT, DR, KH and DC (2018)

Advocacy, Involvement, Participation, Information rights and Consultation, Article 5 the right to liberty, Article 6 the right to a fair determination of one’s civil rights, Human Rights in health and Social Care, Statutory Advocacy (Care Act, Mental Capacity Act, Mental Health Act) /

Keywords: Rule 3A (1.2) representatives, litigation friends, COP visitors This is the latest case to address the issue of the participation of P, the person without capacity, in non-contentious deprivation of liberty cases (known as Re Xcases) by means of a Rule 3A (now known as a Rule 1.2) representative, or otherwise. Previously (in JM),

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RP v (1) Nottingham City Council (2) Official Solicitor (2008) EWCA Civ 462

Leave a Comment / Advocacy, Involvement and Participation, Advocacy, Involvement, Participation, Information rights and Consultation, Article 6 the right to a fair determination of one’s civil rights, Care Planning, Budgets and Choice Rights, Civil Proceedings, Financial Compensation and Restitution, Duties and powers to involve others, How the Mental Capacity Act affects the Care Act, Human Rights in health and Social Care, Incapacity and the need for a Litigation Friend, Relevance of Mental Capacity to Care Planning, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Statutory Advocacy (Care Act, Mental Capacity Act, Mental Health Act), The involvement of the Court of Protection in care planning under various public functions /

This was an appeal against the making of care and placement orders in respect of RP’s two year old daughter. The appeal was made largely on the basis that the earlier hearing had been conducted in a manner that convened RP’s rights under article 6 of the ECHR, in particular she claimed that she had

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Lindsay v Wood [2006] EWHC 2895 QB

Leave a Comment / Advocacy, Involvement, Participation, Information rights and Consultation, Assessing for incapacity where it is relevant to Care Act functions, Civil Proceedings, Financial Compensation and Restitution, How the Mental Capacity Act affects the Care Act, Maximising people’s capacity to make decisions in every respect BEFORE deciding they lack capacity, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Statutory Advocacy (Care Act, Mental Capacity Act, Mental Health Act) /

The claimant L suffered serious brain injuries as a result of a road traffic collision caused by W.  L was married at the time of the collision to an Australian national who returned to live in Australia with their son four years after the collision but before the determination of the litigation.  L planned to

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Camden LBC v M [July 2005] Central London Civil Justice Centre

Leave a Comment / Advocacy, Involvement, Participation, Information rights and Consultation, Statutory Advocacy (Care Act, Mental Capacity Act, Mental Health Act) /

Camden issued possession proceedings against a secure tenant in July 2004 based on arrears of £540.78 which related entirely to non-payment of water and gas charges.  The defendant (M) refused to pay because he had found cheaper providers.  M did not attend the hearing and Camden obtained an outright possession order.   Later the order was

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