Mental Capacity Act provisions relevant to care or support plan revisions

LGSCO finds Bristol City Council at fault for failing to make and record clear best interest decisions when the situation required it

Decision date:   19 May 2024 Summary:  The LGSCO investigated a complaint made in relation to the support provided to an adult, after the adult’s mother and main carer passed away. It found that the Council had failed to follow the Best Interests decision-making process in line with the Mental Capacity Act 2005 and make a […]

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Registration law re care homes and independent living

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to the ongoing difficulty about the distinction between care homes and independent living: Under the old law, since repealed, ‘care homes’ were establishments which provided care (defined as ‘assistance with bodily functions’, now personal care or nursing) together withaccommodation.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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Merton, Sutton and Wandsworth Health Authority, ex p Perry [2001] Lloyd’s Rep Med 73 (QBD)

Closure – hospital — home for life – consultation It was necessary to consider the individual circumstances of each resident of a long-stay hospital for people with profound learning disabilities before making a decision to close the hospital. It was also necessary to look at all that the health authority had said to the residents

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AG (by her litigation friend the Official Solicitor) v BMBC & SNH [2016]

AG (by her litigation friend the Official Solicitor) v BMBC & SNH [2016] Keywords: DoLS, restrictions, medication, covert administration FACTS: AG was 92 and had Alzheimer’s dementia. In October 2014, the council’s (BMBC) memory team had become concerned about her. She was described as living in squalor, with no food or means to prepare it

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