Delay

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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 […]

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

A council successfully defends a cut to a Care Act care plan by phasing in a big cut, slowly

Assessment and Eligibility, Assessment under the Care Act, Commissioner's circumstances - reductions due to financial resources difficulties & variations RE the manner of meeting needs, Delay, Due process requirements for Lawful Assessment, Due Process requirements for revising any care or support plan based on the Care Act regime, Fairness and due process in the context of care planning, General rules about changing the content or value of a care or a support plan based on the Care Act case law, Public law principles relevant to care or support plan revisions, Rationality and relevant considerations, in the context of care planning, Review of the Care Plan - scheduled, requested and urgent review, Reviews and Revisions (cuts or changes to content) /

CASCAIDr’s CEO has long suggested during training sessions that mincing towards meanness is much harder to challenge, even with use of public law principles, in the context of adults’ social care or CHC services, than making a giant cut overnight. If commissioners aren’t care aware, and care managers and reviewers are risk averse or incentivised

A council successfully defends a cut to a Care Act care plan by phasing in a big cut, slowly Read More »

R (on the application of Rafaela Savva) v Kensington & Chelsea Royal London Borough Council (2010) EWHC 414 (Admin)

1 Comment / Article 6 the right to a fair determination of one’s civil rights, Assessment and Eligibility, Assessment under the Care Act, Care Planning, Budgets and Choice Rights, Delay, Direct Payments and Personal Health Budgets, Due process requirements associated with Direct Payments and Health Budgets, Due process requirements for Lawful Assessment, Due Process requirements for revising any care or support plan based on the Care Act regime, Duties and Discretions, General rules about changing the content or value of a care or a support plan based on the Care Act case law, Human Rights in health and Social Care, Judicial Review, Person's own circumstances - the implication of increases and reductions or stabilisation of needs, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Reviews and Revisions (cuts or changes to content), The duty to act under the Care and Support Guidance (and other such Codes or Frameworks), The irrelevance of a council's financial resources for whether a need is met; relevant only for HOW /

This case is one of the first to consider the legality of personal budgets to meet adult social care needs. In particular this case focused on the obligations placed on local authorities under the current adult community care legislation and whether the particular resource allocation scheme adopted was capable of meeting these obligations. The claimant,

R (on the application of Rafaela Savva) v Kensington & Chelsea Royal London Borough Council (2010) EWHC 414 (Admin) Read More »

R (on the application of MM) (BY HIS MOTHER & LITIGATION FRIEND, TM) v HOUNSLOW LONDON BOROUGH COUNCIL (2015)

Leave a Comment / Assessment and Eligibility, Assessment under the Care Act, Care Planning, Budgets and Choice Rights, Children Act 1989 services, Delay, Direct Payments and Personal Health Budgets, Due process requirements associated with Direct Payments and Health Budgets, Due process requirements for Lawful Assessment, Eligibility under various legislative frameworks for care and support, Employing family members with a Direct Payment or health budget, How Children's Services fit in with the Care Act (and transitioning from Children's Services, Impact in terms of the Care Act eligibility threshold, Judicial Review, Personal Health Budgets differentiated from Direct Payments, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Section 17 services for children in need, The duty to promote Wellbeing under the Care Act, Using a Direct Payment or PHB to pay Close Family Members in the same household /

R (on the application of MM) (BY HIS MOTHER & LITIGATION FRIEND, TM) v HOUNSLOW LONDON BOROUGH COUNCIL (2015) Keywords: Disabled children, parent carer, assessment, eligibility criteria This case concerns events which occurred prior to the implementation of EHC plans under the Children and Families Act 2014. However, the core issues relate to social care

R (on the application of MM) (BY HIS MOTHER & LITIGATION FRIEND, TM) v HOUNSLOW LONDON BOROUGH COUNCIL (2015) Read More »

R (on the application of BLANKSON) v CROYDON LBC (2015)

Leave a Comment / Assessment and Eligibility, Assessment under the Care Act, Children Act 1989 services, Delay, Due process requirements for Lawful Assessment, How Children's Services fit in with the Care Act (and transitioning from Children's Services, Judicial Review, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Section 17 services for children in need /

R (on the application of BLANKSON) v CROYDON LBC (2015) Keywords: Children Act A single parent with indefinite leave to remain but NRPF sought subsistence payments under s.17 Children Act from the local authority for her two children stating that she could not afford to feed or clothe them. The local authority had denied interim

R (on the application of BLANKSON) v CROYDON LBC (2015) Read More »

R (on the application of Alloway) v London Borough of Bromley (2008) EWHC 2449

Leave a Comment / Assessment and Eligibility, Assessment under the Care Act, Care Planning, Budgets and Choice Rights, Delay, Due process requirements for Lawful Assessment, Duties and Discretions, Judicial Review, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, The range of services, items, facilities and responses able to be provided under the Care Act /

This was an application for Judicial Review by the Claimant ‘A’ against the Local Authority in respect of whether they had fulfilled the duties expected of them under s.140 of the Learning and Skills Act 2000 [‘the Act’]. Under this provision in the Act the Secretary of State must, during the last year of compulsory

R (on the application of Alloway) v London Borough of Bromley (2008) EWHC 2449 Read More »

Ombudsman’s investigation: Birmingham City Council (23/3/2006) complaint number 04/C/16195

Leave a Comment / Appropriateness, Sufficiency and Transparency of a care plan, Assessment and Eligibility, Assessment under the Care Act, Care Planning, Budgets and Choice Rights, Delay, Due process requirements for Lawful Assessment, Fairness and due process in the context of care planning, Public law principles relevant to Care Planning /

C was a 19 year old man with Asberger’s Syndrome who was in the care of Birmingham City Council (the council). Whilst living in a council run hostel C had difficulty in relating to the other residents and his had behaviour deteriorated.  In a professionals’ meeting it was decided to place C in supported lodgings

Ombudsman’s investigation: Birmingham City Council (23/3/2006) complaint number 04/C/16195 Read More »

Ombudsman’s findings against Birmingham City Council (reference number 13 010 519)

Leave a Comment / Assessment and Eligibility, Assessment under the Care Act, Care Planning, Budgets and Choice Rights, Delay, Delay and non-commissioning, Legal rules as to what must be considered on Assessment, Meeting eligible carers' needs, The legal position regarding carers' decisions to withdraw or reduce informal care provision, The rights of carers, in relation to health and social care services and support, Timeliness and the duty to meet needs - unconscionable delay /

The facts Miss P contacted the Council in October 2012 and informed them that she was worried by her son’s (‘J’) unpredictable and violent outbursts, and requested help from Birmingham City Council (‘the Council’). The Council’s records stated that an initial assessment of J’s needs should have been carried out. Social Worker A then visited

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Malcolm Morgan Jones (on behalf of the estate of Evan Jones) v Powys Local Health Board and Neath Talbot Local Health Board (2008) EWHC 2562 (Admin)

Leave a Comment / Assessment and Eligibility, Assessment under the Care Act, Care Planning and reviews for CHC patients in light of Public Law Principles, Care Planning, Budgets and Choice Rights, Delay, Due process requirements for Lawful Assessment, Fairness and due process in the context of care planning, How NHS services and Continuing NHS Health Care fit in with the Care Act, Public law principles relevant to Care Planning /

This application, by the Health Boards, was to strike out a private law writ issued by Mr Jones’ (J) for negligence or restitution of nursing home fees paid by J’s father for the six years prior to his death.  After his father’s death J had made an application for a retrospective review of his father’s

Malcolm Morgan Jones (on behalf of the estate of Evan Jones) v Powys Local Health Board and Neath Talbot Local Health Board (2008) EWHC 2562 (Admin) Read More »

London Borough of Newham (on the application of H) (22 October 2001) (unreported) (QBD)

Leave a Comment / Assessment and Eligibility, Assessment under the Care Act, Delay, Due process requirements for Lawful Assessment /

The courts will not allow local authorities to defer assessments indefinitely. H, a seven-year-old autistic child, lived with his mother and younger sister, against whom he was violent. His mother was facing eviction from her private sector tenancy and the evidence was clear that wherever she was re-housed there would be an increase in the

London Borough of Newham (on the application of H) (22 October 2001) (unreported) (QBD) Read More »