The following Private Client practice note provides comprehensive and up to date legal information covering:
Coronavirus (COVID-19): The content of this Practice Note is temporarily affected by the coronavirus (COVID-19) pandemic. For further guidance, see: The Coronavirus Act 2020 and its impact on social care provision.
When confronted with issues concerning residential accommodation, the practitioner is most likely to be dealing with one or both of the need for admittance to and the running of such accommodation. The legislation in respect of both situations is complex. To add confusion, the provision of residential care falls within both the local authority and private domains.
In respect of the provision of residential accommodation, the practitioner should be equipped with the primary relevant legislation:
National Assistance Act 1948 (NAA 1948)
Health and Social Care Act 2008 (HSCA 2008)
Care Act 2014 (CA 2014)
Care and Support (Eligibility Criteria) Regulations 2015
Although heavily amended over the years, NAA 1948 was the basis of the pre-April 2015 responsibilities of local authorities for the provision of:
'… residential accommodation for persons aged eighteen or over who by reason of age, illness, disability or any other circumstances are in need of care and attention which is not otherwise available to them.'
However, while the responsibility of providing residential accommodation remains, and will continue to remain, with a local authority, CA 2014 has reworked and replaced the basis for that provision. For the moment, s 21
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Criminal offences are generally divided into two categories: •conduct crimes, and •result crimesA conduct crime is a crime where only the forbidden conduct needs to be proved. For example, an accused is guilty of dangerous driving if they drove a motor vehicle dangerously on a road or other public
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
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