The types of accommodation arrangements to which Choice Rights apply

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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Choice of Accommodation under the Care Act

Leave a Comment / Care Planning, Budgets and Choice Rights, Choice of Accommodation post Care Act, Choice of Accommodation Rights for Mental Health Act aftercare clients, Paperwork requirements for councils, care homes and willing contributors to top-ups, The conditions on which choice of accommodation depends, The significance of an arbitarily/indefensibly low rate to meet a person's need for Choice of Accommodation challenges, The types of accommodation arrangements to which Choice Rights apply, What does the concept of a Right to Choose Accommodation mean? /

Choice is an overall aspiration in the Act, but a formal right to choose a preferred provider for certain sorts of service, has been included in the legislation. This choice right arises only in defined situations in which a person with a personal budget sorted out is entitled to say to the council funding the

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Can a local authority rule out a particular care home, for respite or long term care, on the basis that it does not have a commissioning relationship with it?

Leave a Comment / Care Planning, Budgets and Choice Rights, Care Planning, Cuts and Personal Budgets Q&As, Choice of Accommodation post Care Act, Duties and Discretions, Q&As on Care planning, Cuts, and Personal Budgets, 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 irrelevance of a council's financial resources for whether a need is met; relevant only for HOW, The range of services, items, facilities and responses able to be provided under the Care Act, The types of accommodation arrangements to which Choice Rights apply, What does the concept of a Right to Choose Accommodation mean? /

No. Existing commissioning relationships are not determinative for choice of accommodation rights, subject to the ordinary rules of top ups.Commissioning policy, and a care home’s being in a contractual relationship with a local authority, is specifically not relevant to the choice of accommodation and top ups and as such, cannot be relevant for respite arrangements

Can a local authority rule out a particular care home, for respite or long term care, on the basis that it does not have a commissioning relationship with it? Read More »

Could ‘a preference’ to be in a more expensive setting be argued for on the basis of the quality of care, being a need, and not perhaps likely to be assured through a cheaper facility? Or is a reference to quality always going to be seen as just a want or a preference?

Leave a Comment / Advocacy, Involvement, Participation, Information rights and Consultation, Care Planning, Budgets and Choice Rights, Care Planning, Cuts and Personal Budgets Q&As, Choice of Accommodation post Care Act, Freedom of Information, Information Rights, Q&As on Care planning, Cuts, and Personal Budgets, The conditions on which choice of accommodation depends, The significance of an arbitarily/indefensibly low rate to meet a person's need for Choice of Accommodation challenges, The types of accommodation arrangements to which Choice Rights apply, What does the concept of a Right to Choose Accommodation mean? /

We think it is hard, conceptually, to articulate why being cared for in a more expensive setting than one that charges the commissioner the average or going rate for that type and level of care is a NEED, rather than a want. We do not think that the ‘lifestyle choice’ footing for preferring a poser

Could ‘a preference’ to be in a more expensive setting be argued for on the basis of the quality of care, being a need, and not perhaps likely to be assured through a cheaper facility? Or is a reference to quality always going to be seen as just a want or a preference? Read More »

R on the application of SH v Waltham Forest LB

Care Planning, Budgets and Choice Rights, Choice of Accommodation post Care Act, Duties and Discretions, How housing rights fit in with the Care Act, The conditions on which choice of accommodation depends, The duty to act under the Care and Support Guidance (and other such Codes or Frameworks), The range of services, items, facilities and responses able to be provided under the Care Act, The types of accommodation arrangements to which Choice Rights apply /

Facts of the case SH travelled to the UK in 2012 having fled trafficking for the purposes of sexual exploitation. She was granted refugee status in 2014. She applied to WF as homeless in September 2014. WF accepted the main housing duty and after was eventually provided with permanent accommodation in Ilford in May 2016.

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Tawana Blackwood v Secretary of State for the Home Department [2003] EWHC 98 Admin

Leave a Comment / Assessment and Eligibility, Assessment under the Care Act, Care Planning, Budgets and Choice Rights, Choice of Accommodation post Care Act, Duties and Discretions, Immigration and Adult Social Care, The conditions on which choice of accommodation depends, The duty to act under the Care and Support Guidance (and other such Codes or Frameworks), The types of accommodation arrangements to which Choice Rights apply, Universal duties to meet eligible unmet needs adequately and appropriately /

Immigration – dispersal – article 8 – human rights – NASS   TB, a 22 year old Jamaican had arrived in the UK at the age of 10. She had lived in London for 11 years, initially with her mother, but had been taken into foster care for a period, due to the poor care

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O’Rourke v Camden London Borough Council [1997] 3 All ER 23

Leave a Comment / Article 8 the right to respect for home, family, private life and correspondence, Care Planning, Budgets and Choice Rights, Choice of Accommodation post Care Act, Human Rights in health and Social Care, The types of accommodation arrangements to which Choice Rights apply /

Breach of statutory duty – private law damages – homelessness Whether a statutory duty gave rise to a cause of action sounding in damages depended on whether the Act in question showed a legislative intention to create such a remedy. The fact that the duty to provide accommodation for homeless persons contained in s63 of

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Ombudsman’s Report – Nottingham City Council – 05/C/02965 (19/4/07)

Leave a Comment / Appropriateness, Sufficiency and Transparency of a care plan, Care Planning, Budgets and Choice Rights, Choice of Accommodation post Care Act, Fairness and due process in the context of care planning, Public law principles relevant to Care Planning, The types of accommodation arrangements to which Choice Rights apply /

This was a case in which the Ombudsman investigated a complaint about the way in which Nottingham City Council allocated a house to a homelessness young single mother and her six year old daughter.  The complainant complained that the house she was offered by Nottingham was not fit to live in but was told that

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Diana Villaruel v Richmond-upon-Thames LBC (19 July 2002) (unreported) (County Court)

Leave a Comment / Care Planning, Budgets and Choice Rights, Choice of Accommodation post Care Act, The types of accommodation arrangements to which Choice Rights apply /

Housing – homelessness – suitable accommodation – Wednesbury unreasonableness V was a single black mother who had become homeless when she and her baby daughter moved out of the property she had occupied with her husband before the breakdown of her marriage. She objected to the LA’s offer of a house on the basis that

Diana Villaruel v Richmond-upon-Thames LBC (19 July 2002) (unreported) (County Court) Read More »

Crookdake v Drury [2003] EWHC/1938 (QB)

Leave a Comment / Care Planning, Budgets and Choice Rights, Choice of Accommodation post Care Act, Legality, unlawfulness and error of law in the context of care planning, Public law principles relevant to Care Planning, The types of accommodation arrangements to which Choice Rights apply /

Residential care – capital to be disregarded – s21 NAA – court of protection – income – personal injury C suffered a serious head injury when he was knocked from his bicycle by D’s car. D admitted liability for the accident. C was in a coma for 10 weeks. He was eventually transferred to a

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