Regulators associated with health and social care Archives - Centre for Adults' Social Care - Analysis, Information and Dispute Resolution

Can a complaint still be raised with the LGSCO if you only involve the monitoring officer? If not, would the monitoring officer provide a resolution in the same way a complaint might?

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

Can a complaint still be raised with the LGSCO if you only involve the monitoring officer? If not, would the monitoring officer provide a resolution in the same way a complaint might? Read More »

Can you take a social services Care Act or Continuing NHS Healthcare complaint to an Ombudsman and still go on, if unsatisfied with the Ombudsman’s report, to Judicial Review? Or does an Ombudsman’s outcome rule out the opportunity to go to Judicial Review?

Leave a Comment / Complaints System and the Ombudsmen, Internal Complaints Q&As, Judicial Review, Local Authorities’ Monitoring Officer, Q&As on Internal Complaints, Regulators associated with health and social care, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights / CASCAIDr

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:

Can you take a social services Care Act or Continuing NHS Healthcare complaint to an Ombudsman and still go on, if unsatisfied with the Ombudsman’s report, to Judicial Review? Or does an Ombudsman’s outcome rule out the opportunity to go to Judicial Review? Read More »

Registration law re care homes and independent living

Leave a Comment / Breaching article 8 by making it a condition of ongoing care that one moves home to new supported living, Mental Capacity Act provisions relevant to care or support plan revisions, Regulators associated with health and social care, 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) / belindaschwehr

Registration Issues in England relevant to the ongoing difficulty about the distinction between care homes and independent living: Under the old law, since repealed, ‘care homes’ were establishments which provided care (defined as ‘assistance with bodily functions’, now personal care or nursing) together withaccommodation. The meaning of ‘together with’ has been held, in case law that is binding on everyone,

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Pathfinder NHS Trust, ex p Wey [2000] 3 CCLR 271 (QBD)

Leave a Comment / Due Process requirements for revising any care or support plan based on the Care Act regime, Fairness and due process in the context of care planning, Legality, unlawfulness and error of law in the context of care planning, Public law principles relevant to care or support plan revisions, Regulators associated with health and social care, 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), Revision process under s27 Care Act - proportionate re-assessment, a new eligibility decision and fresh care planning / Gabe

Mental health It is unlawful for a responsible medical officer to use powers under s16 Mental Health Act 1983 to reclassify a patient’s condition when the patient’s application to the Mental Health Review Tribunal under s72(5) has been granted by the tribunal.

Pathfinder NHS Trust, ex p Wey [2000] 3 CCLR 271 (QBD) Read More »

N v Dr M & ors [2003] EWCA Civ 1789

Leave a Comment / Article 3 freedom from inhuman and degrading treatment, Authority to consent on behalf of others to touching, bodily interventions, restraint or deprivation of liberty, How the Mental Capacity Act affects the Care Act, Human Rights in health and Social Care, Judicial Review, Regulators associated with health and social care, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights / Gabe

The claimant, N, applied for judicial review of the decisions taken by her Responsible Medical Officer (RMO) and the Second Opinion Appointed Doctor (SOAD) to administer anti-psychotic drugs by injection, notwithstanding her refusal to consent to that treatment. Section 58 MHA 1983 provides for compulsory treatment of a patient where an SOAD has certified that

N v Dr M & ors [2003] EWCA Civ 1789 Read More »

Loraine (a child by his mother and Litigation Friend) v Wirral University Teaching Hospital NHS Foundation Trust [2008] EWHC 1565QB (Admin)

Leave a Comment / Civil Proceedings, Financial Compensation and Restitution, Judicial Review, Regulators associated with health and social care, 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 / Gabe

The Claimant (SL) is 8 years old and suffers from cerebral palsy manifested in spastic quadriplegia, general developmental delay, visual impairment and gastro-oesophageal reflux, this being the consequence of foetal asphyxia that he sustained when his mother (PL) suffered a profound placental abruption shortly before his birth. In this action he claims damages from the

Loraine (a child by his mother and Litigation Friend) v Wirral University Teaching Hospital NHS Foundation Trust [2008] EWHC 1565QB (Admin) Read More »

Care North East Northumberland v Northumberland County Council v Northumberland Care Trust [2013] EWHC 234 (Admin)

Leave a Comment / Contractual matters, Fees Issues with the Public Sector, Issues of importance to social care service providers, Public law principles relevant to care or support plan revisions, Regulators associated with health and social care, 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) / Gabe

The Claimants (Care North East Northumberland) owned and/or operated care homes in the area of Northumberland and the North East of England. The Claimants challenged two decisions made by the Defendant (Northumberland County Council) to fix care home rates in the Northumberland area for a period of three years. There were four grounds of challenge:

Care North East Northumberland v Northumberland County Council v Northumberland Care Trust [2013] EWHC 234 (Admin) Read More »