Keywords: DOLS The Supreme Court heard the appeal in this case (previous judgment known as re MN[2015]). The case addresses a key issue which Lady Hale set out in the following terms: “what is the decision-maker to do if he has reached the conclusion that a particular course of action is in the best interests […]
The S.V.G.A provides the legislative framework for the new Independent Safeguarding Authority scheme. The new arrangements will be introduced in phases from Autumn 2008. The Act defines the scope of the scheme and provides that certain activities in relation to vulnerable groups are regulated. The ISA will replace the POVA list. The act enables local
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The Care Quality Commission is the independent regulator of all health and social care services in England (not Wales or Scotland, please note). CQC’s website can be found here: www.cqc.org.uk. Where the accuracy of what this page contains may be critical to your interests, such as if you are a provider of care, under the scrutiny of
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R (on the application of MACLEOD) v GOVERNORS OF THE PEABODY TRUST (2016) Keywords: Public functions, Judicial Review, Human Rights Act, Definition of “Public Authority” for the purposes of s.6(3) Human Rights Act, Providers, s.73 Care Act The case concerns Mr. Macleod, a tenant of The Peabody Trust (a Registered Social Landlord), living in a
R (on the application of MACLEOD) v GOVERNORS OF THE PEABODY TRUST (2016) Read More »
MENON, MENON & AUTUMN DAYS LTD v HEREFORDSHIRE COUNCIL (2016) Keywords: Defensible decision making; safeguarding The claimants owned and ran a residential care home which had local authority funded residents (under a framework contract). The contract provisions permitted the local authority to terminate the contract with notice, or immediately in the event of a serious
MENON, MENON & AUTUMN DAYS LTD v HEREFORDSHIRE COUNCIL (2016) Read More »
Housing association – public authority – functions of a public nature – human rights The fact that a body performs an activity which otherwise a public body would be under a duty to perform, cannot mean that such performance is necessarily a public function. What can make an act, which would otherwise be private, public,
Donoghue v Poplar Housing & Regeneration Community Association Ltd [2001] 3 WLR 183 (CA) Read More »