The following Private Client practice note Produced in partnership with Craig Ward of Lundie, solicitor of Craybeck Law LLP provides comprehensive and up to date legal information covering:
Community care assessments are conducted by the local authority (LA) where someone aged 18 years or older is ordinarily resident. LAs have a duty to assess an individual once they become aware that they may have needs which should be met. The way care assessments are being conducted is affected by coronavirus (COVID-19) and this Practice Note explains the modifications to the usual procedures for carrying out care and support needs assessments by LAs introduced from 31 March 2020 by the Coronavirus Act 2020 (CA 2020) and when these modifications may be made. For guidance on the position prior to 31 March 2020, see Practice Note: Care and support needs assessments. For further comment on the modifications made to the Care Act 2014 (CA 2014) by CA 2020, see News Analysis: Coronavirus (COVID-19)—changes to the Care Act 2014.
The pandemic is preventing face-to-face assessments and solicitors and assessors are becoming more inventive in their assessment approaches. In his guidance of 13 March 2020 on visits to protected persons during the pandemic, Mr Justice Hayden strongly discourages practitioners from visiting care homes. P should be assessed only where absolutely necessary, with practitioners using telephone, Facetime and Skype conferencing. It is appreciated that these methods may not be as efficient as a usual face-to-face assessment and solicitors and
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LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary of State for
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This practice note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort mean? And how does tort relate to contract and criminal law•how has the law of tort developed?•what is the scope of tort, ie what interests does it protect? What
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