Yes. It’s a difficult thing for a council to pull off, lawfully, and they can be easily caught out. For instance, the family can say that she has not been reassessed, which is a legal pre-condition under s27(4) Care Act – the change in her presentation makes it a different matter now. They can also […]
Under a Welfare deputyship you have very few rights and it should not be seen as a continuation of parental rights and responsibilities. Welfare deputyship only extends as far as your daughter’s incapacity with respect to discrete issues. The provider is the day to day best interests decision-maker for Mental Capacity Act purposes. Every word
Does she have a home to go to, still? I.e. accommodation where she has a right to occupy? It doesn’t have to be HERS – it could be the home of a relative, or the opportunity to have a tenancy in another building in which care could be provided, in theory. If so, ask for
It was found in section 47 of the National Health Service and Community Care Act 1990 and implicit in other statutes such as the Chronically Sick and Disabled Persons Act etc which made qualifying for a service dependent on a judgement from an employee of the local social services authority. The 1990 Act did not
Where did the duty to assess needs arise prior to the Care Act 2014? Read More »
If a person had not requested an uplift for 10 years, then no obvious breaches would be implied, because review was only required by the Guidance under the old law, ie before 1st April 2015. But it would mean that the person had potentially never been assessed through the Care Act criteria and would have
An assessment identifies the person’s full extent of difficulties having anything to do with a need for care or support.A review is a look at a care or support plan to see how it has been working to achieve the meeting of need.A re-assessment is something that one must have before anyone revises one’s current
When a person refuses an assessment, the duty is suspended, and the council can rely on the refusal as a lawful excuse for not doing one. But not if you think that – (a) the adult lacks capacity to refuse the assessment and the authority is satisfied that carrying out the assessment would
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What are the main legal features of the assessment function under s9 Care Act 2014? Read More »
There are two principles of which all authorities should be aware. The first is that no care plan can be altered until re-assessment has been carried out in such a way as to amount to a lawful and procedurally fair re-assessment. The second is that no care plan can be withdrawn or reduced until an
The statutory duty on local authorities TO provide care, in certain situations, is not the same as the concept, in the law of negligence, of a duty OF care. Non-performance By this we mean not doing something that the authority could have done, and which it had a duty to do, so long as it