Human Rights obligations related to publicly funded care through private companies

Can the LA refuse to pay costs incurred by a PA (that they are funding to meet eligible need) such as mileage, expenses while out supporting the individual such as meals/entrance fees etc?If they cannot refuse, how does the LA work out how much to provide to allow for variable allowances?

1 Comment / Appropriateness, Sufficiency and Transparency of a care plan, Appropriateness, Sufficiency and Transparency of a care plan, Assessment and Eligibility, Care Planning, Budgets and Choice Rights, Care Planning, Cuts and Personal Budgets Q&As, Charging for transport provided or allowing a disregard from income for transport privately provided, Direct Payments and Personal Health Budgets, Due process in eligibility decision-making under the Care Act, Due Process requirements for revising any care or support plan based on the Care Act regime, Due process rights in care planning, Duties and Discretions, Eligibility under various legislative frameworks for care and support, Fairness and due process in the context of care planning, Human Rights obligations related to publicly funded care through private companies, Involvement and advocacy rights for a Care Act revision process, Issues of importance to social care service providers, Options for challenging the legitimacy of the Care Plan (content or value), Public law principles relevant to care or support plan revisions, Public law principles relevant to Care Planning, Q&As on Care planning, Cuts, and Personal Budgets, Review of the Care Plan - scheduled, requested and urgent review, Reviews and Revisions (cuts or changes to content), Revision process under s27 Care Act - proportionate re-assessment, a new eligibility decision and fresh care planning, Social Inclusion, Leisure and Recreational Services, The council's review of a Direct Payment Plan and Use of the Money, The law about the content of the Care Plan under the Care Act, The range of services or items on which a direct payment or PHB can lawfully be spent and those on which it cannot be spent, The range of services, items, facilities and responses able to be provided under the Care Act, Top ups and Additional Payments, Transport to services in a care plan /

There is no clear answer to this question.  Firstly it depends on the care plan – because if it’s in there, it must be funded.  Secondly, self employed PAs would decide what to invoice for and it would be part of their fee, and their own expenses deduction from their income.  Employed PAs are either […]

Can the LA refuse to pay costs incurred by a PA (that they are funding to meet eligible need) such as mileage, expenses while out supporting the individual such as meals/entrance fees etc?If they cannot refuse, how does the LA work out how much to provide to allow for variable allowances? Read More »

The Davis v West Sussex CC ‘Unfair Safeguarding’ case

Leave a Comment / Article 6 the right to a fair determination of one’s civil rights, Care Planning, Budgets and Choice Rights, Duties and Discretions, Human Rights in health and Social Care, Human Rights obligations related to publicly funded care through private companies, Issues of importance to social care service providers, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, The duty to act under the Care and Support Guidance (and other such Codes or Frameworks), The relevance of the criminal law to health and social care, Universal duties to meet eligible unmet needs adequately and appropriately /

On 22 August 2012 the High Court in the case of Davis & Davis v West Sussex County Council handed down an important judgment focusing on the fairness of adult safeguarding investigations –. In this article I seek to consider the case in the wider setting of safeguarding, the facts of the case and offer

The Davis v West Sussex CC ‘Unfair Safeguarding’ case Read More »

YL (by her litigation friend the Official Solicitor) (FC) v Birmingham City Council and Others [2007] UKHL 27

Leave a Comment / Human Rights obligations related to publicly funded care through private companies, Issues of importance to social care service providers /

The main issue in this appeal was whether a care home when providing accommodation and care to a resident pursuant to arrangements made with a local authority under sections 21 and 26 of the National Assistance Act 1948 (NAA) was “performing functions of a public nature” for the purposes of section 6 (3)(b) of the

YL (by her litigation friend the Official Solicitor) (FC) v Birmingham City Council and Others [2007] UKHL 27 Read More »

Wilson v Lincolnshire County Council

Leave a Comment / Contractual matters, Fees Issues with the Public Sector, Human Rights obligations related to publicly funded care through private companies, Issues of importance to social care service providers /

After the expiration of a fixed price contract, and in the absence of any agreement, express or implied, for a new contract, residents left in the beds of care home providers must be paid for by the authority responsible for them, at a price which is fair and reasonable, on the basis of quantum meruit

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Wandsworth London Borough Council, ex parte Beckwith [1996] 1 All ER 129 (HL)

Leave a Comment / Care Planning, Budgets and Choice Rights, Human Rights obligations related to publicly funded care through private companies, Issues of importance to social care service providers, Legality, unlawfulness and error of law in the context of care planning, Public law principles relevant to Care Planning /

Residential accommodation – provision – arrangements with voluntary organisations – third parties – sections 21 and 26 National Assistance Act 1948 A local authority is entitled to discharge its statutory duty entirely by means of arrangements made with third parties and is not required to maintain some accommodation for the elderly in premises under its

Wandsworth London Borough Council, ex parte Beckwith [1996] 1 All ER 129 (HL) Read More »

Various Claimants v (1) Bryn Alyn Community Homes Ltd (2) The Royal & Sun Alliance Plc (26 June 2001 – unreported) (QBD)

1 Comment / Human Rights obligations related to publicly funded care through private companies, Issues of importance to social care service providers, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, The relevance of the criminal law to health and social care /

Negligence – duty of care In 14 claims arising out of physical and sexual abuse in children’s homes in North Wales between 1973 and 1991, the defendant had breached its direct duty of care to the children to take all reasonable steps to provide a safe home for them. Although the claims were statute barred,

Various Claimants v (1) Bryn Alyn Community Homes Ltd (2) The Royal & Sun Alliance Plc (26 June 2001 – unreported) (QBD) Read More »

Servite Houses and Wandsworth LBC, ex p Goldsmith [2001] LGR 55 (QBD)

Leave a Comment / Contractual matters, Human Rights obligations related to publicly funded care through private companies, Issues of importance to social care service providers /

Public authority – public functions – housing associations – community care – judicial review – human rights A housing association providing residential accommodation in a care home pursuant to arrangements with a local authority under National Association Act 1948 s26 was not exercising public law functions and was not amenable to judicial review. The local

Servite Houses and Wandsworth LBC, ex p Goldsmith [2001] LGR 55 (QBD) Read More »

R (T,B and D) v LB Haringey and (R) D v Haringey Primary Care Trust [2005] EWHC 2235 (Admin)

Leave a Comment / Fees Issues with the Public Sector, Human Rights obligations related to publicly funded care through private companies, Issues of importance to social care service providers, Judicial Review, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights /

Liability as between the LA and the NHS, for at-home maintenance of a 3 year old child’s tracheostomy tube at night, was the issue – the mother, having been trained by the nurse, being content to do it during the day, but not to wake three times at night to do it then, too. The

R (T,B and D) v LB Haringey and (R) D v Haringey Primary Care Trust [2005] EWHC 2235 (Admin) Read More »

R (on the application of MACLEOD) v GOVERNORS OF THE PEABODY TRUST (2016)

Leave a Comment / CQC regulation and its relevance to public functions of care planning and commissioning, Human Rights obligations related to publicly funded care through private companies, Issues of importance to social care service providers, Judicial Review, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights /

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

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London Borough of Islington ex p McMillan [1995] 160 LGR R 321 (QBD)

Leave a Comment / Human Rights obligations related to publicly funded care through private companies, Issues of importance to social care service providers /

Discontinuity in services – care plan – s2 Chronically Sick and Disabled Persons Act 1970 Discontinuity in services in the care plan may amount to a breach or may be acceptable so long as it is not long-term. Missing a day’s meal would not be acceptable but missing a day’s cleaning might be.

London Borough of Islington ex p McMillan [1995] 160 LGR R 321 (QBD) Read More »