Safeguarding under the Care Act

The LGSCO found fault with Leicester City Council’s omissions regarding a requested increase in funding, and not discharging safeguarding functions, for a person deteriorating in a care home, leading to a financial shortfall and increased risk for the Home, pending a CHC entitlement decision by the NHS

Leave a Comment / Care Planning, Budgets and Choice Rights, Care Plans and Cuts LGO, Continuing NHS Healthcare LGO, Intro to Ombudsman reports RE Safeguarding, Harm, Deprivation of Liberty, Issues of importance to social care service providers, Provider's circumstances - closures, service reconfigurations and staffing issues, Providers' Fault LGO, Reviews and Revisions (cuts or changes to content), Safeguarding under the Care Act, Safeguarding, Harm, Deprivation of Liberty LGO /

Date of Decision: 06 Aug 2024 Summary Ms A (a registered manager) complained on behalf of a residential care home about a lack of funding by a council and an ICB for the increased support the care home provided to a resident when he was stuck between Council and CHC status. Ms A has also […]

The LGSCO found fault with Leicester City Council’s omissions regarding a requested increase in funding, and not discharging safeguarding functions, for a person deteriorating in a care home, leading to a financial shortfall and increased risk for the Home, pending a CHC entitlement decision by the NHS Read More »

Hoarding and the legal framework

Leave a Comment / How the Mental Capacity Act affects the Care Act, Safeguarding under the Care Act /

Introduction Hoarding is an increasingly costly and complex issue for local authorities and a strategic problem deserving of some legal framework awareness, given the nuance as to whether it should be regarded as a lifestyle choice, or a sign of vulnerability or deterioration of a mental or physical condition, or simply as a nuisance to

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Surrey Police v PC (by his Litigation Friend the OS, Surrey & Borders Partnership NHS Foundation Trust, and Surrey County Council

Leave a Comment / Advocacy, Involvement and Participation, Advocacy, Involvement, Participation, Information rights and Consultation, Article 5 the right to liberty, Article 5 the right to liberty, Choice, Control and Risk, related to the legal framework for care planning under various legislative provisions, Duties and powers to involve others, Emergencies and vital acts justifying deprivation of liberty before a court application is heard, Health and Safety, How the Care Act fits in with the Mental Health Act (and s117 aftercare), Human Rights relevant to Care Planning, Relevance of Mental Capacity to Care Planning, Risk management in the context of the Care Act and other legislative duties regarding care services, Safeguarding under the Care Act, The involvement of the Court of Protection in care planning under various public functions /

Factual overview Surrey Police made an urgent application to the High Court to authorise the deprivation the liberty of PC, a 26-year-old in police custody.  In her judgment, Theis J focused on the relevant practice in similar situations where vulnerable individuals were in a state of severe distress in police custody, as well as on

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Safeguarding from Financial Abuse since the Care Act

Leave a Comment / How the Mental Capacity Act affects the Care Act, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Safeguarding under the Care Act /

Section 42 of the Act defines the circumstances within which a local authority has a duty to undertake a safeguarding enquiry (please see ‘Safeguarding under the Care Act’ for more details).   One of the triggering conditions is that an adult is at risk of or subject to abuse or neglect (s42(1)(b)) and what constitutes abuse

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Safeguarding under the Care Act

Leave a Comment / How the Mental Capacity Act affects the Care Act, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Safeguarding under the Care Act /

Safeguarding means protecting an adult’s right to live in safety, free from abuse and neglect (Guidance 14.7) and sections 42 to 47 of the Care Act (2014) describe the statutory duties of the local authority in relation to safeguarding a particular cohort of adults.  This group of people comprises any adult who:  S42 (1) (a)

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The inherent jurisdiction versus incapacity in the Court of Protection

Leave a Comment / Assessing for incapacity where it is relevant to Care Act functions, How the Mental Capacity Act affects the Care Act, Safeguarding under the Care Act /

If the State intervened in an adult’s life for care, support and treatment, without consent, it would be a likely breach of that individual’s human rights (Human Rights Act, Articles 5 and 8, and potentially 3).  However, there are circumstances where State intervention may be necessary to protect the individual who is at risk of

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