Yes, but only if you have gone through s10 Carer’s Assessment process, and been found eligible for support, and yet refused the funding for the rational cost of meeting your support needs. Putting this another way, they are the decision makers as to what they feel they must support or otherwise, but they are bound […]
Can I challenge Social Care on failing to meet my needs as a carer? Read More »
The employer decides what s/he wants to pay in light of the market – and the skill, profile of availability and scope of the role – in private law terms under employment law. But the direct payment council decides what it thinks the employer is going to NEED to pay to attract staff – because
Facts:The main issue concerned a dispute regarding the respective jurisdictions of the Respondent Ombudsman and the First-tier Tribunal (Special Educational Needs and Disability [“SENDIST”]). The crux of the appeal lay within the meaning and scope of s26(6)(a) of the Local Government Act 1974 [“the LGA 1974”] and, more specifically, the meaning to be attributed to
Keywords: Capacity, Accommodation A was 69 years old and had a diagnosis of Korsakoff’s dementia. She had no children and her former husband had died. She has many caring friends who have taken an active part in her life and in these proceedings. She had lived in her flat, of which she was clearly very
LB Tower Hamlets v A (by her litigation friend the Official solicitor) & KF [2020] Read More »
https://www.bailii.org/ew/cases/EWCA/Civ/2004/1170.html Lest anyone think that there is no duty to give reasons for a care planning decision in the current crisis, they will be assisted by reminding themselves of the Goldsmith decision from 2004 – from even before the Care Act came in, and when care plans were not even statutory, please note. Under the
Staff in health and social care need to know about the law for a number of reasons: They are public officers, bound by statute, but also given special powers beyond those available to the ordinary individual, for the exercise of which they must be accountable, through recording and supervision and complaints, as well as litigation.
This was a decision by the Social Security Commissioner allowing an appeal by the claimants against the decision of the Oxford appeal tribunal. The appellant was a severely disabled woman who had been accommodated with her disabled sister in a bungalow constructed by her father in the family garden as Social Services were unable to
Consultation – legitimate expectation The failure by Secretary of State for Health to consult voluntary organisations providing care to people dependent on drugs or alcohol, before deciding not to make specific grants for alcohol and drug dependency under s7E Local Authority Social Services Act 1970, was not a breach of legitimate expectation. This was so
Secretary of State for Health, ex parte Alcohol Recovery Project [1993] COD 344 (QBD Read More »
Advice or guidance promulgated by a public authority could be the subject of judicial review if it contained an error of law, particularly if it was likely to be acted upon by those it addressed. It was unlawful for the Secretary of State for Health to promulgate a circular (advising doctors not to prescribe the
Secretary of State for Health, ex p Pfizer Ltd [2000] 51 BMLR 189 (QBD) Read More »
C was born at 26 weeks gestation and weighing 458 grammes. She was placed in an incubator and never left hospital. It was the unanimous view of the doctors that she would probably never do so. She suffered from brain damage, respiratory difficulties and poor kidney function. The relevant NHS Trust sought a declaration which
Re Wyatt (a child) (medical treatment: continuation of order) [2005] EWHC 2293 (Fam) Read More »