Chronically Sick and Disabled Person’s Act 1970 services for children with disabilities

R & RK v Hertfordshire  UKUT 381 

Leave a Comment / Care Planning, Budgets and Choice Rights, Charging for Equipment services, Children and Families Act 2014 services, Chronically Sick and Disabled Person's Act 1970 services for children with disabilities, Deprivation of Liberty for children under 16 in any setting, Deprivation of Liberty for young persons aged 16 or 17 in any setting, Equipment services, Regulation of settings intended for care and support of children, The legal framework for which agency is responsible for various types of equipment, The nature of the duty in light of adults' case law from the past, The range of services and facilities that must be provided to eligible children under the CSDPA 1970, The role of occupational therapist in adult social care and continuing nhs healthcare /

https://assets.publishing.service.gov.uk/media/6941882c2d5e7e8632537570/ua-2025-000169-hs.pdf Children’s therapies like occupational therapy (OT), physiotherapy and speech and language therapy (SALT) can legally count as education in some situations and as health in others, and sometimes they are both at once. This matters because education duties are generally stronger and easier to enforce than health duties.   Why the label matters  What the Hertfordshire case said  What the judge decided  Final […]

R & RK v Hertfordshire  UKUT 381  Read More »

Bolton Council castigated for treating 28 nights of respite entitlement in a formal care plan as somehow not triggering an absolute legal duty to provide for it

Leave a Comment / Care Planning, Budgets and Choice Rights, Care Plans and Cuts LGO, Civil Proceedings, Financial Compensation and Restitution, Council's Complaint Procedure LGO, Delay and non-commissioning, Delay In General LGO, Duties and Discretions, General rules about changing the content or value of a care or a support plan based on the Care Act case law, Intro to Ombudsman reports RE care planning, and personal budgets, Intro to Ombudsman reports RE Delay in General, Intro to Ombudsman reports RE Restitution, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Restitution LGO, Reviews and Revisions (cuts or changes to content), The duty to meet needs, The nature of the duty in light of adults' case law from the past, Timeliness and the duty to meet needs - unconscionable delay /

Decision date: 27 May 2024 Summary Bolton was found to have omitted to meet the need for respite breaks since the start of 2022, when it agreed to fund 28 overnight respite breaks a year. Restitution was required. During 2022 and 2023 Mr Y has spent nine nights in overnight respite care, out of a

Bolton Council castigated for treating 28 nights of respite entitlement in a formal care plan as somehow not triggering an absolute legal duty to provide for it Read More »

Kirklees MBC, ex p Daykin [2000] 1 CCLR 512 (QBD)

Leave a Comment / Chronically Sick and Disabled Person's Act 1970 services for children with disabilities, How Children's Services fit in with the Care Act (and transitioning from Children's Services, The nature of the duty in light of adults' case law from the past /

A local authority cannot be compelled to meet needs in a particular way, in the absence of a recognisable assessment of need and a decision as to how best to meet the assessed need.

Kirklees MBC, ex p Daykin [2000] 1 CCLR 512 (QBD) Read More »

Islington London Borough Council, ex parte Rixon [1996] 32 BMLR 136 (QBD)

Leave a Comment / Assessment and Eligibility, Assessment under the Care Act, Care Planning, Budgets and Choice Rights, Chronically Sick and Disabled Person's Act 1970 services for children with disabilities, Duties and Discretions, How Children's Services fit in with the Care Act (and transitioning from Children's Services, Legal rules as to what must be considered on Assessment, The nature of the duty in light of adults' case law from the past, Universal duties to meet eligible unmet needs adequately and appropriately /

Resources – s2 Chronically Sick and Disabled Persons Act – care plans – policy guidance The duty under s2 Chronically Sick and Disabled Persons Act to provide recreational facilities outside the home was owed to the applicant personally. The applicant’s recreational needs were greater than those provided for in the care plan. The local authority

Islington London Borough Council, ex parte Rixon [1996] 32 BMLR 136 (QBD) Read More »

Gloucestershire County Council ex p Barry, Mahfood, Grinham, and Dartnell [1995] 30 BMLR 208 (QBD)

1 Comment / Assessment and Eligibility, Assessment under the Care Act, Chronically Sick and Disabled Person's Act 1970 services for children with disabilities, How Children's Services fit in with the Care Act (and transitioning from Children's Services /

Assessment – s2 Chronically Sick and Disabled Persons Act 1970 – resources A local authority had a duty, under s47(1) National Health Service and Community Care Act 1990, to carry out an assessment of the needs of anyone for whom community care appeared to be required. In assessing whether: a) an individual has a need;

Gloucestershire County Council ex p Barry, Mahfood, Grinham, and Dartnell [1995] 30 BMLR 208 (QBD) Read More »

Gloucestershire County Council and Secretary of State for Health, ex p Barry [1997] 2 All ER 1 (HL)

Leave a Comment / Chronically Sick and Disabled Person's Act 1970 services for children with disabilities, How Children's Services fit in with the Care Act (and transitioning from Children's Services /

Resources -relevance – s2 Chronically Sick and Disabled Persons Act In assessing whether services under s2 Chronically Sick and Disabled Persons Act 1970 are ‘necessary to meet the needs of’ a disabled person local authorities are not only entitled, but obliged, to have regard to the resources available to them.

Gloucestershire County Council and Secretary of State for Health, ex p Barry [1997] 2 All ER 1 (HL) Read More »

Bradford Metropolitan District Council & Further Education Funding Council, ex p Parkinson [1997] 2 FCR 67 (QBD)

Leave a Comment / Chronically Sick and Disabled Person's Act 1970 services for children with disabilities, How Children's Services fit in with the Care Act (and transitioning from Children's Services, The nature of the duty in light of adults' case law from the past, The range of services and facilities that must be provided to eligible children under the CSDPA 1970 /

Section 2 Chronically Sick and Disabled Persons Act 1970 – further education – learning disabilities – community care Any duty to make provision for a person over compulsory school leaving age, because of his learning difficulties, rested with the Further Education Funding Council and not the local authority. There was nothing in community care legislation

Bradford Metropolitan District Council & Further Education Funding Council, ex p Parkinson [1997] 2 FCR 67 (QBD) Read More »

Bexley London Borough Council, ex p B [1995] CL 3225( QBD)

Leave a Comment / Chronically Sick and Disabled Person's Act 1970 services for children with disabilities, How Children's Services fit in with the Care Act (and transitioning from Children's Services, The range of services and facilities that must be provided to eligible children under the CSDPA 1970 /

Duty to provide services – s2 Chronically Sick and Disabled Persons Act 1970 – s17 Children Act 1989 If a local authority is satisfied that a disabled child needs a service of a kind that can be provided under s2 Chronically Sick and Disabled Persons Act 1970, then the local authority is under a duty

Bexley London Borough Council, ex p B [1995] CL 3225( QBD) Read More »