Appeal judges reiterate that it is for the court – not local authorities or any other person – to determine in adoption cases whether there should be ongoing contact with birth family – Local Government Lawyer

‘The Court of Appeal has allowed a local authority’s appeal against a judge’s refusal to make placement orders in respect of two young children.’

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Local Government Lawyer, 31st October 2024

Source: www.localgovernmentlawyer.co.uk

Disability-related absences and dismissal – Local Government Lawyer

‘Should dismissals for disability-related absences be pleaded as direct discrimination? Robin Pickard examines a recent Employment Appeal Tribunal case involving a local authority.’

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Local Government Lawyer, 30th October 2024

Source: www.localgovernmentlawyer.co.uk

Legal rights charity wins tribunal case demanding Government transparency on determination of adult social care funding – Local Government Lawyer

‘The Information Tribunal has ordered HM Treasury and the Ministry of Housing, Communities and Local Government to reveal information requested by legal rights charity Access Social Care around the decision-making processes which determine funding for adult social care.’

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Local Government Lawyer, 23rd October 2024

Source: www.localgovernmentlawyer.co.uk

Law Commission seeks views on disabled children’s social care law – Law Commission

‘Today the Law Commission publishes a consultation paper on disabled children’s social care law and whether it meets the needs of disabled children and their families.’

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Law Commission, 8th October 2024

Source: lawcom.gov.uk

Law Commission launches consultation on “out of date” disabled children’s social care law – Local Government Lawyer

‘The Law Commission has today (8 October) published a consultation paper on disabled children’s social care law, as part of a review to ensure it is fairer, simpler and more up to date.’

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Local Government Lawyer, 8th October 2024

Source: www.localgovernmentlawyer.co.uk

Social worker awarded £55k and £8k costs after accusing council employer of discriminating against protected beliefs – Local Government Lawyer

‘A social worker who worked for Cambridgeshire County Council has been awarded more than £55,000 in compensation and £8,000 in costs, after asserting that she was discriminated against for reasons relating to her gender critical beliefs and/or sexual orientation.’

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Local Government Lawyer, 20th September 2024

Source: www.localgovernmentlawyer.co.uk

The inherent jurisdiction, Article 3 ill-treatment, and the limits of the State’s obligations – Mental Capacity Law and Policy

‘How far can the State be expected to go in seeking to secure the rights of those in challenging situations? A few months after this issue was looked at (albeit slightly curiously) from the perspective of Article 2 ECHR in R (Parkin) v His Majesty’s Assistant Coroner for Inner London (East) [2024] EWHC 744 (Admin), Gywnneth Knowles J has looked at it from the perspective of Article 3 ECHR. In Re P (Vulnerable Adult: Withdrawal of Application) [2024] EWHC 1882 (Fam), she was asked to consider the question of whether she should continue to use the powers of the High Court to compel a 29 year old woman to live apart from her father.’

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Mental Capacity Law and Policy, 28th July 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Bringing Wages Home: Labour’s proposal for a Fair Pay Agreement in the social care sector – by Sandhya Drew – UK Labour Law

Posted July 24th, 2024 in agreements, care workers, employment, news, remuneration, social services by sally

‘The King’s Speech on 17 July 2024 announced the 35 Bills which are the legislative priority of the new Labour Government. Those relating to labour law are of particular interest to readers of this blog.’

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UK Labour Law, 23rd July 2024

Source: uklabourlawblog.com

The Care Quality Commission’s New Inspection and Regulation Regime – Kingsley Napley Regulatory Blog

‘The Care Quality Commission (CQC) has implemented a new inspection and regulation regime which is pegged to enhance the regulation of health and social care services. This blog will detail the key changes, their rationale, practical applications, and any early signs of difficulties.’

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Kingsley Napley Regulatory Blog, 25th June 2024

Source: www.kingsleynapley.co.uk

Challenge to Birmingham City Council’s policy to charge disabled persons for services at the statutory maximum fails – Landmark Chambers

‘The claimant (C) was a severely disabled young man who had never worked and was never going to. He sought to challenge Birmingham’s policy of recovering the maximum amount of the cost of his care even though a greater proportion of his income was recovered compared to an individual who required care but could work.’

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Landmark Chambers, 10th May 2024

Source: www.landmarkchambers.co.uk

Charging disabled persons for services – Local Government Lawyer

‘A recent challenge to Birmingham City Council’s policy to charge disabled persons for services at the statutory maximum has failed. Joe Thomas explains why.’

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Local Government Lawyer, 31st May 2024

Source: www.localgovernmentlawyer.co.uk

Section 23 Care Act and a need for accommodation – Nearly Legal

‘Campbell, R (On the Application Of) v London Borough of Ealing (2024) EWCA Civ 540. This was an appeal from a judicial review of Ealing’s decision in May 2022 to end funding for Mr Campbell’s temporary bed and breakfast accommodation that had been provided by Social Services since 2016. Mr C had been placed in temporary accommodation in Ealing’s area by LB Hillingdon under Part VII Housing Act 1996. Hillingdon then apparently discharged duty. Ealing Social Services then took over funding the accommodation (and various subsequent temporary accommodation) on, they said, the basis that it was “exercising its statutory power under s.19(3) Care Act 2014 to provide care and support in the form of accommodation pending a needs assessment”.’

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Nearly Legal, 28th May 2024

Source: nearlylegal.co.uk

Judge orders child to see mum accused of sex abuse – BBC News

‘A judge in Liverpool ordered social services to arrange face-to-face contact between a “scared” toddler and a mother charged with sexually abusing her, a court has heard.’

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BBC News, 24th May 2024

Source: www.bbc.co.uk

Councils demand urgent attention for adult social care on tenth anniversary of Care Act – Local Government Lawyer

Posted May 17th, 2024 in local government, news, social services by sally

‘Governments should stop treating adult social care as a political football and make a substantial long-term investment in it to mark the tenth anniversary of the Care Act 2014.’

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Local Government Lawyer, 16th May 2024

Source: www.localgovernmentlawyer.co.uk

Research Briefing: An overview of child protection legislation in England – House of Commons Library

Posted May 7th, 2024 in children, families, news, parental responsibility, social services by tracey

‘A broad overview of the legislative framework for child protection and child safeguarding in England.’

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House of Commons Library , 3rd May 2024

Source: commonslibrary.parliament.uk

‘Failure to remove’ claims and Article 3: SZR v Blackburn with Darwen Borough Council [2024] EWHC 598 (QB) – Doughty Street Chambers

‘For claims concerning alleged failures by social services departments to remove children from situations of neglect and abuse, the sands continue to shift. Decisions of the Supreme Court in CN v Poole [2019] UKSC 25 and HXA and YXA [2023] UKSC 52 appear to have narrowed the scope of claims in negligence. Attention has increasingly turned to the scope of similar claims that may be brought pursuant to Article 3 of schedule 1 to the Human Rights At 1998, in particular, relying on the ‘operational duty’ to take reasonable preventative measures to protect a member of the public from a real and immediate risk of harm of which the authorities are or ought to be aware.’

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Doughty Street Chambers, 22nd March 2024

Source: insights.doughtystreet.co.uk

Finley Boden: Parents killed baby when he should have been most protected, report says – BBC News

‘Safeguarding practices in the case of 10-month-old Finley Boden who was murdered by his parents were inadequate, a review has found.’

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BBC News, 27th March 2024

Source: www.bbc.co.uk

Kaylea Titford had no care plan in place when she died, review finds – The Guardian

‘A 16-year-old girl with “significant and chronic disabilities” who died in squalor at her family home in rural mid-Wales did not have a care plan in place, a child practice review into her death has found.’

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The Guardian, 14th March 2024

Source: www.theguardian.com

Warning over use in UK of unregulated AI chatbots to create social care plans – The Guardian

Posted March 11th, 2024 in artificial intelligence, care workers, news, social services by tracey

‘Britain’s hard-pressed carers need all the help they can get. But that should not include using unregulated AI bots, according to researchers who say the AI revolution in social care needs a hard ethical edge.’

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The Guardian, 10th March 2024

Source: www.theguardian.com

High Court judge provides guidance on applications for psychological assessments in care proceedings – Local Government Lawyer

Posted February 27th, 2024 in care orders, family courts, news, psychiatrists, social services by tracey

‘A High Court judge has given guidance on when applications for a psychologist to undertake a cognitive assessment in care proceedings should be made and the approach that the Family Court should take, warning that “misconceived applications are exceedingly common”.’

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Local Government Lawyer, 27th February 2024

Source: www.localgovernmentlawyer.co.uk