The Care Act 2014 introduced rights and duties for individuals providing or intending to provide care to an adult. A carer for this purpose is someone who provides unpaid care and support to another person. This is not the same as someone who provides care professionally, or through a voluntary organisation. This section relates to […]
Carers’ Rights under the Care Act Read More »
This is more of a matter suited to a referral, because important facets of this problem may make a big difference. The answer on the facts provided is that if you need active intervention at night that would involve someone who is not sleeping in the same bed as yourself, to get up and deal
There is no legal duty on anyone in England to care for another person. So the answer is no, not if a carer can show they have CLEARLY told the local authority or relevant funder that they are not willing or not able to do so. Ignoring the carer’s stance or withdrawal would be a
What Happened This case involved two adult men (A and B), aged 25 and 32, with severe physical and learning disabilities who lived with their mother (X). A and B had extensive night time care needs. They needed to be repositioned numerous times to avoid pressure damage, and it was assessed in a 2017 care
Declaration – jurisdiction – legal standing The mistress of an incapacitated Norwegian stroke victim, living in the UK, sought and obtained an injunction preventing his wife and son removing him from hospital and taking him back to Norway to be cared for. She then sought a declaration that it would be unlawful to remove him
Re S (hospital patient: court’s jurisdiction) [1995] 3 All ER 290 (CA) Read More »
P was a 12 year old boy with autism living with his mother MP who was his litigation friend in this application for judicial review. The proceedings challenged the adequacy of various assessments made by his local authority LB Hackney. Central to this dispute was the issue of whether P should be placed in a
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
Ombudsman’s findings against Birmingham City Council (reference number 13 010 519) Read More »