Social care

Social care guidance:

Alternative care People with needs for care and support can receive care from family members, friends and relatives in addition to or in place of help from the local...

Practice Note

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...

Practice Note

There are a number of benefits that older people can claim that carry a financial eligibility requirement. In practice this means that if their capital and/or income are...

Practice Note

Questions of capacity to marry, cohabit, have sexual relations and agree to the use of contraception are clearly highly sensitive and personal issues in which...

Practice Note

Presumption of capacity for adults Section 1(2) of the Mental Capacity Act 2005 (MCA 2005) creates a presumption of capacity for adults. In the absence of proof to the...

Practice Note

Note: This Practice Note must be read in the light of the implementation of the Care Act 2014 on 1 April 2015. Substantial repeals to legislation have been made with...

Practice Note

A local authority has a duty to place an assessed adult, with needs for care and support, in their preferred accommodation if certain criteria are met. If the local...

Practice Note

This Practice Note considers recent court decisions on whether a parent can consent to the confinement of their child which, absent valid consent, would amount to a...

Practice Note

This Practice Note summarises: • what commissioning is in the context of local authority duties to provide health and social care • the legal requirements in respect of...

Practice Note

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 individuals...

Practice Note

The role of the Court of Protection Visitor is a long-standing one, which operated under the jurisdiction of the Mental Health Act 1983 in the form of the 'Lord...

Practice Note

A lasting power of attorney (LPA) is a legal document that enables an individual (the ‘donor’) to appoint one or more people (known as ‘attorneys’ or 'donees') to make...

Practice Note

FORTHCOMING CHANGE: The Mental Capacity (Amendment) Act 2019 received Royal Assent on 16 May 2019. This Act amends the Mental Capacity Act 2005, replacing the current...

Practice Note

When an assessment concludes that an adult requires residential accommodation they have the choice, depending on their personal finance situation, between private and...

Practice Note

People with needs for care and support may need to move to accommodation that is more appropriate for their needs. They may be able to remain in their own accommodation...

Practice Note

A fact-finding hearing will be required in some welfare cases in the Court of Protection to resolve contested factual issues in the proceedings. When is a fact-finding...

Practice Note

With the coming into effect of part of the Care Act 2014 (CA 2014) in April 2015 there will be a number of repeals, revocations and cancellations of statutory provisions...

Practice Note

Although local authorities have some responsibilities regarding care funding and it is that area that causes major discussion, they also have liabilities in respect of...

Practice Note

This Practice Note explores the special provisions which apply to groups who are particularly vulnerable to homelessness and refers to the Homelessness Code of Guidance...

Practice Note

Produced in partnership with Alex Ruck Keene and Michelle Pratley both of 39 Essex Chambers. BREXIT IMPACT: As of exit day (31 January 2020) the UK is no longer an EU...

Practice Note

Note that this Practice Note addresses only English law. Following devolution there are now differences between the English and Welsh rules on many aspects of the...

Practice Note

Mental capacity An individual lacks capacity in relation to a matter if they have an impairment of or a disturbance in the functioning of the mind or brain and the effect...

Practice Note

Produced in partnership with Rebecca Sharp of RJR Legal Ltd [GP OR Doctor] Dear Dr [insert name] Client name Client address Client date of birth I act for [insert...

Precedents

Produced in partnership with Rebecca Sharp of RJR Legal Ltd [GP OR Doctor] Dear Dr [insert name] Client name Client address Client date of birth I act for [insert...

Precedents

[insert name and address of GP] [insert date] Dear Dr [insert name of GP] [insert full name, address and date of birth of client] I have been consulted by the above named...

Precedents

The Part 1 of the Care Act 2014 (CA 2014) sets out the framework of local authority duties in relation to the arrangement and funding of social care which replaced the...

Practice Note