Archives

Housing adaptations and disabled young people

Foundations – the National Body for Home Improvement Agencies in England has published an excellent Guide to Adaptations for Children and Young People with Behaviours that Challenge. The 45-page guide…

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The impact of the pandemic on disabled people: so much more than COVID-19

Between 30 March and 1 April 2021 Cardiff University Law School hosted the International Socio-Legal Studies Association (SLSA) Conference which, for the first time in its history, was delivered as…

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Section 117 & Ordinary Residence ~ All change yet again

R (Worcestershire CC) v Department of Health and Social Care and Swindon Borough Council [2021] EWHC 682 (Admin). Put simply – put very simply – the High Court has decided…

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Coronavirus Act 2020 ~ suspension

The Welsh Government has announced that it will - on the 22 March 2021 - suspend the social care provisions of the Coronavirus Act 2020: provisions that no local authority…

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Charging, strategic litigation and the Norfolk judgment

  The Local Government Association (LGA) has published a copy of a letter sent by the Centre for Adult Social Care Advice, Information and Dispute Resolution (CASCAIDr) to all English…

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2021 Newsletter

For a copy of the 2021 Social Care law Newsletter - with updates for England and Wales click here.

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Welsh Government social care announcements

  The Welsh Government has published a White Paper ‘Rebalancing care and support’ which makes proposals to introduce new legislation to improve social care arrangements and strengthen partnership working in…

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Human Rights Act Review – call for evidence

For details of the review click here and for how to submit evidence (by the 3 March 20201 deadline) click here.

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Council to repay £1m care charges?

For a briefing by Winvisble concerning the Norfolk County Council judgment  – click here.

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High Court Social Care Charging judgment

Proceedings taken on behalf of a 24 year old disabled person with Down Syndrome, challenging the way an English council (Norfolk) calculated the charges she had to pay for her…

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NHS Continuing Health Care judgment

This is an interesting and novel case concerning a dispute between an English local authority and an English Health Body - a Clinical Commissioning Group (CCG).  Although the equivalent body…

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Women & Equalities Report on the impact of Covid

For the critical report 'Unequal impact? Coronavirus, disability and access to services'  click here and the Press Release click here.

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NHS Continuing Health Care (CHC) judgment

An interesting and novel case where a local authority brought a private law claim against a Clinical Commissioning Group (CCG) to recover sums it had paid for the costs of…

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High Court Social Care Charging judgment

Proceedings taken on behalf of a 24 year old disabled person with Down Syndrome, challenging the way the council calculated the charges she had to pay for her social care…

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The 2020 Caroline Gooding Disability Law Lecture

A recording of the 2020 Memorial Lecture by Baroness Jane Campbell can be accessed by clicking here.  Jane Campbell’s website can be accessed by clicking here and includes a powerful…

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Carers Rights Day

Carers Wales has published its annual ‘Track the Act’ report which focusses on the impact of the COVID- 19 restrictions.  A Senedd Research paper on the same topic has also…

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Deprivation of liberty: Unlawful placements of children.

Can an English family court order the unlawful detention of a Welsh child? For a probing analysis by Dr Julie Doughty of the Court of Appeal judgment in Re T…

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Carers and the Social Services and Well-being (Wales) Act 201

A lecture delivered on-line for Carers Trust Carmarthenshire Crossroads Sir Gâr on Carers Rights Day November 2020. The lecture is divided into six sections - each of which can be…

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Justice Matters in the North: Talk

On Online Conversation on the 1 December at 6pm with Baroness Hale of Richmond DBE (former President of the UK Supreme Court) and Professor Philip Alston (former UN Special Rapporteur…

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It’s definitely not autism it’s …

The guest post you are about to read is written by Julia Carter, Tracy Moon and Tracey Harrison.  It is a powerful example of an issue that we (the Cerebra…

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Carers UK Report

'Caring behind closed doors: six months on'. A powerful report (covering the whole of the UK) – click here

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Two new briefings

Care home lessons to be learned in Wales from the first wave of Covid–19 EHCR Report & care homes – click here WG ‘Rapid-Review’ – click here

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Amnesty International

For a damning report on the 18,562 care residents who died in England in the first 3 months of the COVID-19 outbreak – click here.

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Clustered Injustice and the level green

A new book – to be published October 2020.  For details click here.

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Embracing Complexity survey

For details of a survey for people with any neurodevelopmental conditions, and their families, on the impact of COVID-19 and lockdown measures – click here.

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Updated Covid Direct Payment guidance for Councils & NHS

Welcome updated guidance stressing – among go other things – the need for flexibility – click here for access.

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Baroness Jane Campbell lecture 30 October

Baroness Jane Campbell will deliver the annual Caroline Gooding Memorial Disability Law Lecture on 30 October 12.00 noon -13.30pm  'Disability Rights and the Pandemic: A Story of Survival?’ via Zoom…

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Personal Health Budgets

Sam Strickland and Rhys Bowler are campaigning for the introduction of Personal Health Budgets for people who are eligible and in receipt of a Continuing Health Care provision. For more…

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Inclusive Public Space Survey ~ Leeds

Research concerning disabled people’s experience of Inclusive Public Space involves 10 cities across Europe, one of which is Leeds (deadline 5 September 2020).  Click here for details of how to…

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Disabled children’s assessments

Two new on-line webinars / lectures, both concerning disabled children’s assessments: Assessing the support needs of disabled children and their families The first is a detailed explanation of the process…

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Revised NHS ‘Who Pays?’ Guidance

NHS England has published its updated guidance for establishing which NHS organisation has responsibility for commissioning an individual’s care and which has responsibility for paying for that care. The guidance…

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We only met two minutes ago but you already think you know everything about me.

The guest post you are about to read from a good colleague details an incredibly troubling account of the health system’s approach to the care of a very distressed and…

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Senedd Inequality Report

For a welcome and powerful paper from the Welsh Parliament ‘Into sharp relief: inequality and the pandemic’ click here.

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Vacancy

Cerebra is looking for a part-time Information and Support Officer to be part of the Legal Entitlements and Problem-Solving (LEaP) Project.  For details click here.

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Public Accounts Committee Report

The House of Commons Public Accounts Committee has published its report Readying the NHS and social care for the COVID-19 peak The Committee's findings include the following comments concerning adult…

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Public Accounts Committee Report

The House of Commons Public Accounts Committee has published its report Readying the NHS and social care for the COVID-19 peak Although its focus on the NHS in England –…

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Unlawful ‘Autism Plus’ policies

More than a quarter of English children’s services councils are acting unlawfully by discriminating against children with autism.  Research undertaken by the School of Law at the University of Leeds,…

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Autism in children & council discrimination

The BBC publishes major research on the discriminatory policies of some councils.  Click here for the article

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Charging for social care campaign

Mike Jones is a retired Finance Director from the private sector and is the Appointee for his sister, Julie (not her real name), who lives in shared accommodation with three…

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Judicial review of social care charges

Permission given to challenge a council's charging policy – for details click here.

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Barbara Pointon Obituary

An obituary for the great NHS CHC campaigner can be accessed by clicking here.

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NHS Continuing Healthcare & young people: R (JP) v NHS Croydon (2020)

Preliminary note This briefing concerns a recent English judgment.  The NHS (Wales) Act 2006 and the NHS Act 2006 (which focuses primarily on England) both create almost identical duties to…

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NHS Continuing Healthcare & young people: R (JP) v NHS Croydon (2020)

The disregard of the law concerning NHS Continuing Healthcare responsibilities by Health Bodies in England and Wales is hardly news.  However, where one is confronted by a disabled child with…

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Delay and the ombudsman: how depressing. 

In the last few years the Cerebra Legal Entitlements and Problem Solving (LEaP) Project has had to deal with many cases of delay by councils in England and Wales in…

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Carers and the failure of ‘identity’

For a YouTube talk by Luke Clements for the Sustainable Care Seminar Series (15 June 2020) click here.

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Ordinary Residence s117 ~ all change in England (and Wales?).

The English Department of Health and Social Care has changed its mind concerning the determination of a person’s ordinary residence for the purposes of section 117 Mental Health Act 1983…

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Ordinary Residence s117 ~ all change

The Department of Health and Social Care has changed its mind concerning the determination of a person’s ordinary residence for the purposes of section 117 Mental Health Act 1983 –…

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English ombudsmen return

The local government ombudsman and the NHS ombudsman have announced that the will be resuming their complaints work from the 29th June and the 1st July respectively.

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Visual impairment rehabilitation timeframes

Danny Dooney, Legal Rights Officer at the RNIB has provided the following note concerning a recent Ombudsman decision.[1]  It found Hammersmith and Fulham LBC was at fault for failing to…

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Coronavirus and direct payments

Interesting update guidance from the Department of Health and Social Care concerning the ‘Coronavirus Job Retention Scheme: people receiving direct payments’. My good colleague Steve Brett has flagged up this…

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