Relevance of mental capacity for Choice of Accommodation Rights

Northampton General Hospital NHS Trust v Mercer – a possession action to recover a hospital bed from a patient no longer needing to be there

Leave a Comment / Advocacy, Involvement and Participation, Advocacy, Involvement, Participation, Information rights and Consultation, Assessing for incapacity where it is relevant to Care Act functions, Authority to consent on behalf of others to touching, bodily interventions, restraint or deprivation of liberty, Care Planning, Budgets and Choice Rights, Choice of Accommodation post Care Act, Delay and non-commissioning, Due process rights in care planning, Duties and powers to involve others, Hospital Discharge since Covid, How NHS services and Continuing NHS Health Care fit in with the Care Act, How the Mental Capacity Act affects the Care Act, Relevance of mental capacity for Choice of Accommodation Rights, The relevance of Mental Capacity (and incapacity) for Care Planning, and who is the decision-maker, The types of accommodation arrangements to which Choice Rights apply, Timeliness and the duty to meet needs - unconscionable delay /

[2024] EWHC 2515 (KB) (4 October 2024)   https://www.bailii.org/ew/cases/EWHC/KB/2024/2515.html FACTS:  Ms Mercer, the defendant to this action for possession in the ordinary civil court, is wheelchair dependent, requires support with her personal care and medication, and also has diagnoses of Autistic Spectrum Disorder and Emotionally Unstable Personality Disorder. She has lived in residential accommodation for almost […]

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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

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After years of fighting for an adequate care package at home, my elder sister’s council/social worker offered her a care home and refused to provide a slight increase in care that would have meet her needs in the community. Since she’s been in the care home she has rapidly declined in her physical and mental health as well as her mobility and cognitive/language abilities. She still maintains her own GP, who is shocked by how rapidly she’s declined despite the home providing decent care. She is a thousand times worse in the residential home than she was in her own place with the meager amount of support she was given. Is there anything at all we can do about this to hold the council responsible for failing her in this way?

Leave a Comment / Assessing for incapacity where it is relevant to Care Act functions, Assessment and Eligibility, Care Planning, Budgets and Choice Rights, Care Planning, Cuts and Personal Budgets Q&As, Choice of Accommodation post Care Act, Choice of Accommodation Rights for Mental Health Act aftercare clients, Failings to Assess, Reassess, Review Q&As, General rules about changing the content or value of a care or a support plan based on the Care Act case law, How the Mental Capacity Act affects the Care Act, Judicial Review, Legal Aid for Judicial Review in the Administrative Court and Court of Protection, Mental Capacity and Best Interests Q&As, Overview of what is required by the rules on Deprivation of Liberty, under the DoL Safeguards, Person's own circumstances - the implication of increases and reductions or stabilisation of needs, Procedural safeguards before meeting needs with a regime that amounts to Deprivation of Liberty, Q&As on Care planning, Cuts, and Personal Budgets, Q&As on Failings regarding Assessments, Re-assessments, Reviews, Q&As on Mental Capacity and Best Interests decision-making, Q&As on Remedies, Relevance of mental capacity for Choice of Accommodation Rights, Remedies Q&As, 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), Reviews, Revisions and Re-assessments under the Care Act, The conditions on which choice of accommodation depends, The difference between a top up for one's preferred accommodation and additional payments for other kinds of care, The significance of an arbitarily/indefensibly low rate to meet a person's need for Choice of Accommodation challenges /

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

After years of fighting for an adequate care package at home, my elder sister’s council/social worker offered her a care home and refused to provide a slight increase in care that would have meet her needs in the community. Since she’s been in the care home she has rapidly declined in her physical and mental health as well as her mobility and cognitive/language abilities. She still maintains her own GP, who is shocked by how rapidly she’s declined despite the home providing decent care. She is a thousand times worse in the residential home than she was in her own place with the meager amount of support she was given. Is there anything at all we can do about this to hold the council responsible for failing her in this way? Read More »

Are the council allowed to say they will only pay the same for care at home as they would in a care home?

Leave a Comment / Care Planning, Budgets and Choice Rights, Care Planning, Cuts and Personal Budgets Q&As, Choice of Accommodation post Care Act, Choice of Accommodation Rights for Mental Health Act aftercare clients, Discretionary charging for meeting a person's needs under the Care Act, Due process rights in care planning, Duties and Discretions, Fettering and Exception making, Powers and circumstances in which there may only be one sole justifiable response, Q&As on Care planning, Cuts, and Personal Budgets, Relevance of mental capacity for Choice of Accommodation Rights, The difference between a policy in relation to a power, and a rule, and why the former must not become the latter, The law about the content of the Care Plan under the Care Act, The relevance of Mental Capacity (and incapacity) for Care Planning, and who is the decision-maker, The significance of an arbitarily/indefensibly low rate to meet a person's need for Choice of Accommodation challenges /

No, not in our view – NOT AT THE LEVEL OF POLICY – ie a stance applied to everyone. It is one of the great unresolved questions of the era, however, because no council has ever actually allowed itself to be judicially reviewed for imposing this stance on a specific person, with a) the mental

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NYCC & ACCG v MAG (2016)

Leave a Comment / Article 3 freedom from inhuman and degrading treatment, Article 5 the right to liberty, Authority to consent on behalf of others to touching, bodily interventions, restraint or deprivation of liberty, Care Planning, Budgets and Choice Rights, Choice of Accommodation post Care Act, How the Mental Capacity Act affects the Care Act, Human Rights relevant to Care Planning, Relevance of mental capacity for Choice of Accommodation Rights /

NYCC & ACCG v MAG (2016) Keywords: Deprivation of liberty; Court of Protection powers; Accommodation. This was an appeal against the refusal of the lower court (North Yorkshire County Council v MAG, GC and A Clinical Commissioning Group [2015] EWCOP 64) to grant an order authorising the deprivation of liberty of MAG. The official solicitor

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Derbyshire County Council v AC, EC & LC [2014] EWCOP 38

Leave a Comment / Assessing for incapacity where it is relevant to Care Act functions, Care Planning, Budgets and Choice Rights, Choice of Accommodation post Care Act, Choice, Control and Risk, related to the legal framework for care planning under various legislative provisions, Due process rights in care planning, How the Mental Capacity Act affects the Care Act, Relevance of mental capacity for Choice of Accommodation Rights, Relevance of Mental Capacity to Care Planning, The involvement of the Court of Protection in care planning under various public functions, The relevance of Mental Capacity (and incapacity) for Care Planning, and who is the decision-maker /

In these proceedings, Derbyshire County Council asked the court to make a number of declarations relating to AC’s capacity to make significant welfare decisions, and a best interests decision regarding her residence.  The proceedings are ongoing, but the court gave an interim judgment.   AC was a 22 year old woman with a significant learning

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A local authority v X [2016]

Leave a Comment / Care Planning, Budgets and Choice Rights, Choice of Accommodation post Care Act, Direct Payments and Personal Health Budgets, Due process rights in care planning, Public law principles relevant to Care Planning, Rationality and relevant considerations, in the context of care planning, Relevance of mental capacity for Choice of Accommodation Rights, Relevance of Mental Capacity to Care Planning, Relevance of mental incapacity for holding a Direct Payment or Health Budget 1, The relevance of Mental Capacity (and incapacity) for Care Planning, and who is the decision-maker /

Keywords: Meeting needs appropriately, Care Planning, Personal Budget setting, Home care, Residential care, CHC X, a 32-year old man, had sustained severe injuries in a fall in 2011, was tetraplegic and had acquired brain injury in the form of frontal lobe damage which affected his personality and, to some extent, his thought processes and may

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