Judicial Review is a process that allows individuals or organisations to challenge the lawfulness of policies, decisions or actions made by a public body or those exercising a public function. This is how you can challenge decisions, the grounds for challenge and the remedies available to individuals. Examples of bodies that can be judicially reviewed: […]
If you have been sectioned under the Mental Health Act 1983 then you may be entitled to free aftercare when you leave hospital. This blog explains what section 117 aftercare is, who is entitled to it, how long it lasts and what to do if it is not provided. Who is entitled to free aftercare? […]
Individuals with a primary health need are entitled to fully funded care from the NHS. This blog explains NHS Continuing Healthcare, how to apply if you think you or a family member might be eligible, the assessment process and what to do if you disagree with the decision reached. What is NHS Continuing Healthcare? Continuing […]
It is generally accepted that the health and social care sector is facing some of its greatest challenges to date. People are living longer; there has been an increase in the number of people suffering from diseases such as dementia; and there is a general lack of funding for community services. The impact on society […]
NHS Continuing Healthcare is a package of care funded entirely by the NHS for individuals who have complex, ongoing needs. To be considered eligible for this type of funding, which is not means tested, an individual has to demonstrate that they have a primary health need, which means that their need for care and support […]
The Coronavirus Act 2020 amends key legislation in light of the current pandemic and aims to alleviate the burden on those areas which are most affected. Health and social care is an area that is under immense pressure and already scarce resources are being called on to help manage the impact of the virus on […]
For anyone requiring long-term care the impact on family can be devastating, but for farmers it can affect their business as well as their home life – and often the two are intertwined. The financial implications of a farmer unable to work the land, or a family carer having to run the farming business at […]
The FTAdviser reports this week on the risk of litigation if a financial adviser has failed to consider all of the possible options for funding an individual’s care fees, including NHS Continuing Healthcare. Care fees can be expensive, particularly where an individual requires more complex interventions, or an intense level of support. Where they have […]
Deciding to appoint a deputy for health and welfare for your family member will always be a difficult decision. The Court has been reluctant to make appointments reserving these for only the most ‘difficult’ cases. In this post we consider the guidance given by the court on this issue and how recent case law has […]
If you receive a financial contribution towards your care fees, either as a result of NHS Continuing Healthcare funding, or as a result of a financial assessment undertaken by the Local Authority, your needs should be assessed regularly. While legislation governing the assessment process and entitlement to these types of funding differs, the basic principle […]
The Mental Capacity Act 2005 (MCA) is a defining piece of legislation designed to protect and empower vulnerable people who lack capacity to make their own decisions. The Act and Code of Practice should be followed at all times to ensure that vulnerable people are supported as far as possible when making decisions in their […]
Anyone who receives a financial contribution towards their care fees, either as a result of NHS Continuing Healthcare funding, or as a result of a financial assessment undertaken by the Local Authority, ought to have their needs assessed regularly. While legislation governing the assessment process and entitlement to these types of funding differs, the basic […]
The media is rife with the news that a number of Clinical Commissioning Groups (the NHS bodies responsible for making decisions about NHS Continuing Heathcare) (CCGs) are at risk of legal action if they cannot show that their policies on where that care can be provided are lawful.
An enquiry into the long term funding for adult social care is to be launched by MP’s ahead of the government’s Green Paper this summer.
The recently published annual review from the Local Government and Social Care Ombudsman has highlighted a dramatic increase in the number of social care complaints being made.
The Court of Appeal have recently ruled on a particularly challenging and important Care Act case where the Claimant’s care package had been drastically reduced by the Defendant Local Authority.
Voluntary accommodation placements under Section 20 (s.20) of the Children Act 1989 are being increasingly used by local authorities to avoid care proceedings. This is the findings of the Your Family, Your Voice Alliance in their recently published report.
North West charity, Autism Together along with other regional autism charities have sent an open letter to the leaders of the main political parties ahead of this month’s general election highlighting the failures by local authorities to ensure a fair and proper needs assessment.