The Care Act and Advocacy: how is Statutory Duty actually being observed?
The Care Act and Advocacy… There is a whole chapter devoted to it in the Care Act Statutory Guidance – just the 66 paragraphs! ” This chapter (7) provides guidance on: Sections 67 and 68 of the Care Act 2014 & the Care and Support (Independent Advocacy) Regulations 2014…. Even in 2015, legal expert Belinda Schwehr was asking […]
Parliament and Amendments PIP Regulations: an Update
Further to our previous post, a further emergency Commons debate on the Amendments to the PIP Regulations has been granted by the government, to be held on 19th April, after MPs return from their Easter break. The status of the debate is slightly complicated, but the (unfortunate) fact is that the Government does not have to […]
Communities and Local Government Committee Report: social care funding needs urgent Government review
Just published today (31st March), the Communities and Local Government Committee’s report on its inquiry into adult social care. Background information and links to the Report here on the Committee’s website . Some depressing reading (Key Facts, Impact Analysis) from the Reports Executive Summary. (Read on for its recommendations).
Emergency Debate on changes to Personal Independence Payment Regulations
Slightly lost in the news coverage of other events taking place yesterday 30th March (Article 50 Letter, commemoration of the victims of last week’s terrorist attack, George Michael’s funeral ), a significant debate took place in the Commons. The Speaker, John Bercow, acceded to the request of Shadow Minister Debbie Abrahams and allowed an emergency […]
N v ACCG: a landmark Supreme Court Judgement on the role of Court of Protection
A significant ruling by Lady Hale yesterday in the Supreme Court is being reported and commented on today, which (if I understand correctly) will have significant impact on how the Court of Protection undertakes its role in future. The most important article has appeared here on the Court of Protection Handbook website under the headline […]
PIP: MPs debate Personal Independence Payment (Amendment) Regulations 2017
Recent parliamentary business (aside from Brexit) has been conspicuous for the numbers of questions asked about disability and benefits, especially about DLA and PIP. On 16th March the new Personal Independence Payment (Amendment) Regulations 2017 came into force. On the previous day, 15th March, an Urgent Question from Debbie Abrahams, Shadow Secretary of State For […]
Law Commission Report: implications for human rights and restricting powers of health and care professionals
Expert on disability law and (currently occasional) blogger Lucy Series has just posted her initial thoughts on the law Commission proposals for the replacement of the current Deprivation of Liberty Safeguards (DoLS). These may be found on here on her Small Places website. As Lucy says, there is a lot to think about… but her […]
Law Commission’s DoLS Review proposes new Liberty Protection Safeguards
The Law Commission has today (Monday 13th March) at last delivered its report with its final recommendations to the government on replacing the Deprivation of Liberty Safeguards (DoLS) Community Care Online was (very) quick off the blocks to publish an article under the headline Law Commission reveals Deprivation of Liberty Safeguards replacement (with the sub-headline: […]
Reaction to Channel 4 Dispatches ‘Under Lock and Key’
Last week, I gave you notice of an important documentary, a Channel 4 Dispatches report on people with learning disabilities and autism who become long-stay patients (effectively residents) of hospitals and specialist units administered by NHS England. Under Lock and Key was distressing viewing. Rescare’s office staff have now seen the programme via catch-up, and […]
Improving Lives: Ministers deciding ‘how best to move forward’
The government published ‘Improving Lives’ in the autumn of 2016. This was described as ‘The Work, Health and Disability Green Paper’. If nothing else, it is worth reading the ministerial forward by ministers Damian Green (for the DWP) and Jeremy Hunt (for the DoH), and the Executive Summary. The government then initiated a consultation: over […]