Remedies Q&As

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 »

What steps can authorities take to protect their financial position in future, in cases involving the ongoing care of victims of personal injury accidents?

Leave a Comment / Q&As on Remedies, Remedies Q&As, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights /

When paid, personal injury victims’ damages will be assessable for charging purposes as both income and capital, unless put on trust, (in which case the capital is disregarded, but the income is counted), or administered by the Court of Protection, in which case both capital and income are disregarded. The first financial assessment form filled

What steps can authorities take to protect their financial position in future, in cases involving the ongoing care of victims of personal injury accidents? Read More »

What is judicial review for?

Leave a Comment / Q&As on Remedies, Remedies Q&As, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights /

All governments have to develop a way of actually running their countries sooner or later. The best means will depend on the competence of those doing the governing, the size of the population, the geographical area to be governed and the general consensus as to how far the government should interfere with peoples’ lives in

What is judicial review for? Read More »

To whom is the remedy of declaratory relief available?

Leave a Comment / Q&As on Remedies, Remedies Q&As, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights /

The remedy is available to individuals and public bodies alike, and it will usually be better, tactically, to be the claimant rather than the defendant. Individuals do not have to be related to the person concerned, in order to have sufficient interest to be allowed to claim the declaration which will make the proposed action

To whom is the remedy of declaratory relief available? Read More »

Is there anything in the law to stop other councils doing things that have already been identified as unlawful by the Administrative court?

Leave a Comment / Q&As on Remedies, Remedies Q&As, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights /

Yes. There is an action which can be brought against staff or councillors in their personal capacity, for something called misfeasance in public office. It is a civil law wrong, like negligence or breach of contract, and if successful, the claimant ends up getting financial compensation. There needs to be proof that the officer or

Is there anything in the law to stop other councils doing things that have already been identified as unlawful by the Administrative court? Read More »