Date of judgment in the Administrative Court: 10 October 2025 This case concerns a challenge to West Berkshire Council’s decision on meeting the care needs of a young man (BUS) as he transitioned from education to adult services at age 25. The Council chose a model based on providing care in the place where the […]
R (on the application of BUS by his Litigation Friend BHK) v West Berkshire Council Read More »
https://www.lgo.org.uk/assets/attach/6805/GPG-Homelessness-decisions-for-Disabled-people-F.pdf The Good Practice Guide – Homelessness Decisions for Disabled People (June 2025) offers guidance to assist councils in making fair, lawful and effective decisions for disabled people who are homeless or threatened with homelessness. The guide begins with key learning for councils; it then considers common issues and complaints stemming for Ombudsman’s Reports and
Local Government & Social Care Ombudsman Disabled Homelessness Guidance Read More »
[2024] EWHC 2515 (KB) (4 October 2024) https://www.bailii.org/ew/cases/EWHC/KB/2024/2515.html FACTS: Ms Mercer, the defendant to this action for possession in the ordinary civil court, is wheelchair dependent, requires support with her personal care and medication, and also has diagnoses of Autistic Spectrum Disorder and Emotionally Unstable Personality Disorder. She has lived in residential accommodation for almost
Introduction Hoarding is an increasingly costly and complex issue for local authorities and a strategic problem deserving of some legal framework awareness, given the nuance as to whether it should be regarded as a lifestyle choice, or a sign of vulnerability or deterioration of a mental or physical condition, or simply as a nuisance to
Hoarding and the legal framework Read More »
Introduction One can get a grant from one’s council if one is disabled and need to make changes to one’s home. For example if one: One might need to: To get a grant, you or someone else living in the house must: An applicant who is below the age of 18 does not qualify for
Disabled Facilities Grants and the Better Care Fund Read More »
Section 42 of the Act defines the circumstances within which a local authority has a duty to undertake a safeguarding enquiry (please see ‘Safeguarding under the Care Act’ for more details). One of the triggering conditions is that an adult is at risk of or subject to abuse or neglect (s42(1)(b)) and what constitutes abuse
Safeguarding from Financial Abuse since the Care Act Read More »
Safeguarding means protecting an adult’s right to live in safety, free from abuse and neglect (Guidance 14.7) and sections 42 to 47 of the Care Act (2014) describe the statutory duties of the local authority in relation to safeguarding a particular cohort of adults. This group of people comprises any adult who: S42 (1) (a)
Safeguarding under the Care Act Read More »
Statutory guidance establishes the importance of the individual participating as fully as possible in decisions about them (1.14(e)). There will be situations where an individual may require additional support to enable this to happen. Through the provision of information and advice, local authorities must inform an individual of their right to and purpose of independent
Advocacy under the Care Act Read More »
Overview of relevant sections S18 sets out who is owed a duty. The duty to meet needs INCLUDES It does NOT include people whose eligible needs are being met by a carer willingly and ably, nor The duty arises after any eligible needs have been identified, and no signed-off plan is needed as such to
Care Planning under the Care Act Read More »
If the State intervened in an adult’s life for care, support and treatment, without consent, it would be a likely breach of that individual’s human rights (Human Rights Act, Articles 5 and 8, and potentially 3). However, there are circumstances where State intervention may be necessary to protect the individual who is at risk of
The inherent jurisdiction versus incapacity in the Court of Protection Read More »