carers – Page 5 – Current Awareness

Life Expectancy, Expert Evidence, the Strauss Tables and the Relevance of the Quality of Care: Detailed Consideration by the High Court – Zenith PI Blog

Posted April 13th, 2015 in care homes, carers, children, damages, disabled persons, expert witnesses, food, health, negligence, news, statistics by sally

‘This Blog has already looked at the case of Robshaw -v- United Lincolnshire Hospital NHS Trust [2015] EWHC 923 (QB) in the context of judicial consideration of the basic principles of the law of damages. However the judgment of Mr Justice Foskett also contains some important observations in relation to life expectancy. In particular the approach to be taken when dealing with evidence from experts and statistical analysis.’

Full story

Zenith PI Blog, 12th April 2015

Source: www.zenithpi.wordpress.com

The Care Act 2014: Carer’s Needs and Eligibility – Doughty Street Chambers

Posted April 2nd, 2015 in carers, disabled persons, elderly, legislation, news, social services by sally

‘This paper considers the eligibility criteria in relation to carers under the Care
Act 2014 (“the Act”), and what duties and powers local authorities are under
to meet eligible needs. The eligibility provisions in the Act are augmented by
the Care and Support Statutory Guidance of October 2014 (“the Guidance”),
Chapter 6, Assessment and eligibility.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

The Care Act 2014: Eligibility Criteria, Duties and Powers in Respect of Adults in Need of Care and Support – Doughty Street Chambers

Posted April 1st, 2015 in carers, disabled persons, local government, news, proportionality, social services, statutory duty by sally

‘This section deals with the eligibility criteria and the powers and duties in respect of adults in need of ‘care and support’. The new powers and duties in relation to those who provide adults with care are dealt with separately.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

The Care Act 2014: The Duty to Assess Need – Doughty Street Chambers

Posted April 1st, 2015 in carers, disabled persons, local government, news, proportionality, social services, statutory duty by sally

‘This paper considers the duties to undertake assessments of care needs in the Care
Act 2014 (“the Act”), including the primary duty under section 9, the duty to assess
carers under section 10; the transition assessment duties and the out of area
transfer duties under sections 58 and 37 respectively.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

Care system gets ‘biggest shake-up in 60 years’ – BBC News

Posted April 1st, 2015 in budgets, care homes, carers, disabled persons, elderly, local government, news, social services by sally

‘Major changes to the care system in England are being introduced in what is being dubbed the biggest shake-up for 60 years.’

Full story

BBC News, 1st April 2015

Source: www.bbc.co.uk

The Care Act 2014: Overview – Thirty Nine Essex Street

Posted March 20th, 2015 in carers, community care, health, local government, news, social services by sally

‘The Care Act adopts and implements many of the recommendations of the Law Commission on Adult Social Care (published 11 May 2011). It is the largest single piece of community care legislation since the great Beveridge reforms of 1948, sweeping away and re-codifying more than 50 years worth of law and policy.’

Full story (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

Sanneh v Secretary of State for Work and Pensions; Scott and others v Croydon London Borough Council; Merali and others v Birmingham City Council; Regina (HC) v Secretary of State for Work and Pensions and others – WLR Daily

Posted February 19th, 2015 in appeals, benefits, carers, EC law, housing, law reports, regulations, social security by sally

Sanneh v Secretary of State for Work and Pensions; Scott and others v Croydon London Borough Council; Merali and others v Birmingham City Council; Regina (HC) v Secretary of State for Work and Pensions and others [2015] EWCA Civ 49; [2015] WLR (D) 61

‘European Union law gave a Zambrano carer, being a non-European Union citizen responsible for the care of an EU citizen child, the right to reside in the United Kingdom from the time when it became apparent that she qualified as a Zambrano carer. However, it did not give her an entitlement to social assistance on the same basis as an EU citizen lawfully resident in the UK. It was for national law to determine the level of benefits to which she was entitled.’

WLR Daily, 10th February 2015

Source: www.iclr.co.uk

Zambrano carers and social assistance – NearlyLegal

Posted February 16th, 2015 in appeals, benefits, carers, citizenship, EC law, equality, homelessness, housing, human rights, news by sally

‘There must be times when Court of Appeal judges think that they have bit parts in an ongoing drama – they have a walk on role. And that must be how the Court felt in Sanneh v SSWP and others [2015] EWCA Civ 49, which concerns the eligibility rules for Zambrano carers of a raft of social assistance benefits. Leading QCs and junior barristers appeared on all sides in a right ding dong that is bound to end up at the Supreme Court, which almost certainly will refer the issues to the CJEU. It also provides a glimpse of how the recent, potentially contradictory, judgments of the CJEU in Brey and Dano are, or might be, treated (although it looks like the UKSC will have the next bite of those rather earlier, in the Mirga and Samin appeals in March) and the question of the ambit of “social assistance”, which in itself is not uninteresting, is also raised, but parked by the CA, in these appeals ([84] – note: this is an important point for the future).’

Full story

NearlyLegal, 12th February 2015

Source: www.nearlylegal.co.uk

Babes out of the Forest – NearlyLegal

Posted February 4th, 2015 in carers, children, employment, families, homelessness, housing, local government, medical treatment, mental health, news, school children by sally

‘The out of borough temporary accommodation position continues to get worse, with increasing numbers of homeless shipped out of borough (and for London councils, often out of London). London Councils (pace Nzolameso v Westminster CC ) have put the DCLG ‘Supplementary Guidance on the homelessness changes in the Localism Act 2011 and on the Homelessness (Suitability of Accommodation) (England) Order 2012‘ at naught.’

Full story

NearlyLegal, 2nd February 2015

Source: www.nearlylegal.co.uk

Women with disabilities excluded from domestic abuse law, say campaigners – The Guardian

Posted January 29th, 2015 in bills, carers, crime, disabled persons, domestic violence, news, women by sally

‘A new law on domestic violence that criminalises “coercive control” could exclude women with disabilities, who are particularly vulnerable to such abuse, say campaigners.’

Full story

The Guardian, 28th January 2015

Source: www.guardian.co.uk

Children’s home owner John Allen found guilty of 26 sexual abuse charges – The Guardian

Posted November 27th, 2014 in care homes, carers, child abuse, complaints, news, police, sexual offences, social services by sally

‘The owner of a group of children’s homes has been found guilty of 26 charges of sexual abuse against troubled and vulnerable youngsters who were in his care.’

Full story

The Guardian, 26th November 2014

Source: www.guardian.co.uk

Another “Bedroom Tax” Challenge Fails – UK Human Rights Blog

Posted July 7th, 2014 in appeals, benefits, carers, children, disability discrimination, disabled persons, families, housing, human rights, local government, news by sally

‘At the end of May, the High Court ruled that the reduction in Housing Benefit under Regulation B13 of Housing Benefit (Amendment) Regulations – commonly dubbed “the bedroom tax” – did not unlawfully discriminate against a family with a disabled child requiring an additional bedroom for overnight careers because the shortfall was covered by discretionary housing payments.’

Full story

UK Human Rights Blog, 4th July 2014

Source: www.ukhumanrightsblog.com

Temporary accommodation at a peppercorn rent – NearlyLegal

Posted July 3rd, 2014 in benefits, carers, housing, immigration, local government, news, social security by sally

‘This is a fascinating judicial review case. While the specific facts might only apply to a very few people, there is an interesting principle in it which may have wider application.’

Full story

NearlyLegal, 2nd July 2014

Source: www.nearlylegal.co.uk

Disabled applicant not entitled under Article 8 to specific care needs – UK Human Rights Blog

Posted June 9th, 2014 in budgets, carers, disabled persons, human rights, judicial review, local government, news, proportionality, public interest, Supreme Court by sally

‘The Strasbourg Court has ruled that local authorities are within their margin of discretion to balance individuals’ personal interests against the more general interest of the competent public authority in carrying out their social responsibility of provision of care to the community at large.’

Full story

UK Human Rights Blog, 7th June 2014

Source: www.ukhumanrightsblog.com

Hines v Lambeth London Borough Council – WLR Daily

Posted June 4th, 2014 in appeals, benefits, carers, children, EC law, families, housing, immigration, law reports by tracey

Hines v Lambeth London Borough Council: [2014] EWCA Civ 660; [2014] WLR (D) 238

‘A person whose right to remain in the United Kingdom had expired and who sought housing assistance under the Housing Act 1996 on the basis of a derivative right of residence as a primary carer of her son, a British citizen, would be entitled to accommodation only if her son would be effectively compelled to leave the United Kingdom if she left.’

WLR Daily, 20th May 2014

Source: www.iclr.co.uk

Family of disabled grandchild lose spare bedroom fight – BBC News

Posted June 2nd, 2014 in appeals, benefits, carers, children, disabled persons, housing, news by sally

‘A couple who care for their severely disabled grandchild have lost an appeal against cuts to their housing benefits because they have a spare bedroom.’

Full story

BBC News, 30th May 2014

Source: www.bbc.co.uk

Care Act 2014

Posted May 23rd, 2014 in care homes, care workers, carers, legislation, local government, standards by sally

Care Act 2014 published

Full text of Act

Source: www.legislation.gov.uk

Ex-ballerina forces ‘landmark’ ruling in social care, charity says – Daily Telegraph

Posted May 21st, 2014 in budgets, carers, disabled persons, elderly, families, human rights, local government, news, privacy, proportionality by tracey

‘A disabled former ballerina who has been locked in a six-year legal battle with her local council over night-time care has forced a “landmark” ruling which could make social workers consider the “dignity” of the elderly when assessing care provisions, age campaigners have said.’

Full story

Daily Telegraph, 20th May 2014

Source: www.telegraph.co.uk

In re G (A Child) (Non-relative Carer: application for leave for residence order; application for joinder to proceedings) – WLR Daily

Posted April 10th, 2014 in adoption, appeals, carers, children, law reports, residence orders by sally

In re G (A Child) (Non-relative Carer: application for leave for residence order; application for joinder to proceedings) [2014] EWCA 432; [2014] WLR (D) 159

‘Where, in adoption proceedings, an unrelated carer sought leave to be joined and to apply for a residence order, care was required in looking to the questions of: locus under the various potentially applicable statutory provisions; whether, and if so how, to have regard to a “change in circumstances”; and whether the child’s welfare was to be regarded as paramount.’

WLR Daily, 8th April 2014

Source: www.iclr.co.uk