The Act requires all Courts and Tribunals to take account of European case law on human rights, built up over 50 years. This will inevitably lengthen proceedings. Lawyers working in this field will have to become familiar with this law. Members, managers and officers must appreciate that the law is the ultimate arbiter of justification for interference […]
How does the Human Rights Act 1998 achieve its aims? Read More »
Why is it not lawful to charge for s117 Mental Health Act aftercare? In the quartet of local authority cases (see Watson) the Court of Appeal has comprehensively forbidden charging for residential services provided by way of aftercare, under s117 of the Mental Health Act (which applies to those released from detention under sections 3,
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In the case of Smith v South Lanarkshire Council, the applicant for a remedy from an employment tribunal had made complaints of sex discrimination and breach of contract. According to her written contract of employment, her employers were the first and second respondents (ie the individual social services clients for whom she had acted as
When is a direct payment agreement a sham? Read More »
Persons subject to immigration control The essential position has not changed substantially from that which applied under the previous legal framework. S 21 Care Act prohibits the LA from meeting ANY needs for care and support to an adult to whom s115 IAA applies (i.e. a Person subject to immigration control) and whose needs arise
Sections 31-32 Public Health Act (1984) permit a local authority to apply for a magistrate’s court order where any infectious disease occurs in a house, or the local authority deem it necessary to disinfect any house, to (by implication enter and) remove someone to any temporary shelter or house accommodation provided by the authority. Section
The drawing up of specifications for care, and contract negotiation with the private sector becomes a central part of commissioning for social care, if an authority decides that going down such a route will lead to better value and responsiveness to service users’ needs. The absence of unionisation in the private social care sector means
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Historically, local authorities had wide discretion around charging and there were a minimum of national rules. Prior to 1994, the only information from government to go on, in structuring a policy was to be found in a letter of advice from the SSI stretching to a few paragraphs which were not even clear in themselves.
What are the rules governing charging under the Care Act? Read More »
The NHS NHS staff have been given a new tool in the battle against unreasonable behaviour in healthcare settings. The government has publicly sanctioned the refusal of treatment to violent and abusive patients. National guidelines to protect staff have been published which are intended to balance the need to protect staff with the duty to
No. It is even thought now that claims for failure to do something have become a realistic possibility – the most obvious examples are failing to act in s47 National Assistance Act ‘insanitariness’ cases; failing to protect vulnerable adults and children, and failure to obtain consent, or to treat properly or respectfully. The Act brings