Legal Aid for Judicial Review in the Administrative Court and Court of Protection

After years of fighting for an adequate care package at home, my elder sister’s council/social worker offered her a care home and refused to provide a slight increase in care that would have meet her needs in the community. Since she’s been in the care home she has rapidly declined in her physical and mental health as well as her mobility and cognitive/language abilities. She still maintains her own GP, who is shocked by how rapidly she’s declined despite the home providing decent care. She is a thousand times worse in the residential home than she was in her own place with the meager amount of support she was given. Is there anything at all we can do about this to hold the council responsible for failing her in this way?

Leave a Comment / Assessing for incapacity where it is relevant to Care Act functions, Assessment and Eligibility, Care Planning, Budgets and Choice Rights, Care Planning, Cuts and Personal Budgets Q&As, Choice of Accommodation post Care Act, Choice of Accommodation Rights for Mental Health Act aftercare clients, Failings to Assess, Reassess, Review Q&As, General rules about changing the content or value of a care or a support plan based on the Care Act case law, How the Mental Capacity Act affects the Care Act, Judicial Review, Legal Aid for Judicial Review in the Administrative Court and Court of Protection, Mental Capacity and Best Interests Q&As, Overview of what is required by the rules on Deprivation of Liberty, under the DoL Safeguards, Person's own circumstances - the implication of increases and reductions or stabilisation of needs, Procedural safeguards before meeting needs with a regime that amounts to Deprivation of Liberty, Q&As on Care planning, Cuts, and Personal Budgets, Q&As on Failings regarding Assessments, Re-assessments, Reviews, Q&As on Mental Capacity and Best Interests decision-making, Q&As on Remedies, Relevance of mental capacity for Choice of Accommodation Rights, Remedies Q&As, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights, Reviews and Revisions (cuts or changes to content), Reviews, Revisions and Re-assessments under the Care Act, The conditions on which choice of accommodation depends, The difference between a top up for one's preferred accommodation and additional payments for other kinds of care, The significance of an arbitarily/indefensibly low rate to meet a person's need for Choice of Accommodation challenges /

Does she have a home to go to, still? I.e. accommodation where she has a right to occupy? It doesn’t have to be HERS – it could be the home of a relative, or the opportunity to have a tenancy in another building in which care could be provided, in theory. If so, ask for […]

After years of fighting for an adequate care package at home, my elder sister’s council/social worker offered her a care home and refused to provide a slight increase in care that would have meet her needs in the community. Since she’s been in the care home she has rapidly declined in her physical and mental health as well as her mobility and cognitive/language abilities. She still maintains her own GP, who is shocked by how rapidly she’s declined despite the home providing decent care. She is a thousand times worse in the residential home than she was in her own place with the meager amount of support she was given. Is there anything at all we can do about this to hold the council responsible for failing her in this way? Read More »

Legal Aid and social welfare law

Legal Aid for Judicial Review in the Administrative Court and Court of Protection, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights /

There is a strict means tests for getting legal aid for most types of problems experienced by those with legal difficulties arising out of health or social care disputes. It is available, but hard to get, in these areas of legal dispute Community care – eg the council, under the Care Act Actions against public

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N v A CCG (2017)

CQC regulation and its relevance to public functions of care planning and commissioning, Issues of importance to social care service providers, Judicial Review, Legal Aid for Judicial Review in the Administrative Court and Court of Protection, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights /

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

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RE FD (INHERENT JURISDICTION: POWER OF ARREST) (2016)

Leave a Comment / How the Mental Capacity Act affects the Care Act, Judicial Review, Legal Aid for Judicial Review in the Administrative Court and Court of Protection, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights /

Keywords: Power of arrest, Injunctions, Inherent Jurisdiction, Court of Protection Background FD was a vulnerable 18 year old woman who had been assessed as having a mild learning disability and a mixed disorder of conduct and emotions including a chronic and relapsing history of Avoidant/Restrictive Food Intake Disorder and a history of Substance Use Disorder,

RE FD (INHERENT JURISDICTION: POWER OF ARREST) (2016) Read More »

Diann Blankley (by her Litigation Friend Andrew MG Cusworth) v Central Manchester & Manchester Children’s University Hospitals NHS Trust [2014] EWHC 168 (QB)

Leave a Comment / Civil Proceedings, Financial Compensation and Restitution, Contractual matters, How the Mental Capacity Act affects the Care Act, Issues of importance to social care service providers, Judicial Review, Legal Aid for Judicial Review in the Administrative Court and Court of Protection, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights /

In 1999 the claimant underwent a termination and sterilisation at St Mary’s Hospital, Manchester (part of the defendant NHS Trust) during which she suffered cardio-respiratory arrest and anoxic brain injury.  The claimant then brought proceedings in 2002 claiming damages for the alleged negligence of the defendant in relation to the procedure.  She brought the claim

Diann Blankley (by her Litigation Friend Andrew MG Cusworth) v Central Manchester & Manchester Children’s University Hospitals NHS Trust [2014] EWHC 168 (QB) Read More »