If you have ONLY involved the Monitoring Officer, the problem will either have been solved, or you will have been properly answered as to why it’s not unlawful in the MO’s view. Or you will have been fobbed off with an excuse for not engaging with you any further. If you’re asking whether you can […]
One can do this, in theory, but the more levels of scrutiny a decision has been through the less likely it is that a mistake or error of such legal significance as to constitute good grounds for a judicial review, will still exist. Taking the CHC issue as an example, rather than the Care Act:
We do. We think that Care Act Advocates should use this route for their advocates’ reports when concerned about the rights of the client. We think that it’s free-standing and clearly intended for a different range of issues than the complaints system. The complaints system was introduced well after the Monitoring Officer route and would
It all depends on their reasons given. a) A need for nutrition and hydration couldn’t logically be met by a gym membership. b) A community gym which is accessible for free to anyone with a particular disability status, would not have to be paid for, thus the whole cost of a different preferred gym could
Is it lawful for a Council to say they won’t pay for gym membership to meet need? Read More »
This post is for flagging up that there is a much easier way of challenging a local authority’s actions or decisions, policies or practices, than complaining, and it’s not widely publicised. The people responsible for managing this system don’t even agree about its scope, but that doesn’t mean that the words in the statute don’t
The full range of remedies for dissatisfaction, or dispute resolution in health and social care, consists of judicial review, actions for damages, formal complaints under the current social services and NHS procedures, use of the default powers of central government, a reference to the local authority’s monitoring officer, a reference to the local ombudsman, the Health Service Ombudsman, or the
Remedies for dissatisfaction with adult social care decision making Read More »
is a concept rooted in the notions of fairness and unreasonableness. It refers to an outcome or interest which someone hopes to achieve or retain, based on a promise or a long-standing practice by a public body. The doctrine of legitimate expectation still lacks clarity but is bound to be refined further by the Courts,
Legitimate expectation Read More »
Statutory provisions in this field break down into the following types of function: Statutory powers/pure discretions. Such provisions give rise to a duty at least to consider exercising the discretion in a particular case, taking account of all relevant considerations etc. and otherwise acting rationally, within the wording of the power; and fairly, given the particular circumstances. The
Duties and Discretions in legislation Read More »
The different legal status of all of the bits of advice and instruction that come down from the Department of Health to councils and health bodies needs to be appreciated by management within local and health authorities, for the purposes of advising Members and Boards as to the legal responsibilities of the organisation (as opposed to aspirations),
Directions and Guidance – legal significance Read More »
Delay in assessment and provision decision-making, and in actual provision of a service thereafter, is a constant concern to authorities. It can happen by reason of inadequate resources, on a corporate-wide or a departmental basis, or because of lack of staff time or money, (and staff shortages can have more to do with the general