Archives

So what do you do?

You are a health / social care professional. You have read up on the lawfulness of funding panels – but you now find yourself required to attend a panel to…

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2019 Newsletter

For a copy of the 2019 Social Care law Newsletter - with updates for England and Wales click here.

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Your council’s performance

The Local Government and Social Care Ombudsman has developed an on-line resource detailing the ombudsman’s contact with each English council – including (if you click on ‘annual statistics’) a copy…

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Direct Payments: ombudsman’s report and research findings

Coinciding with a major research report[1] concerning the direct payments system – the Public Services Ombudsman for Wales has issued a hard hitting report[2] illustrating the problems with such payments…

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Direct Payments for Young People

A survey of 52 social services authorities found that rates of pay for Personal Assistants (PAs) were very low, typically at minimum wage rates. The report concludes that in many…

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NHS Continuing Care confusion

For an interesting paper in the BMJ by David Oliver click here

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‘Omg … will it never end’

It is not every day that an ombudsman’s report refers to an investigator’s note saying the above.  Not every day that the ombudsman: asks a council to reflect on its…

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‘Omg … will it never end’

It is not every day that an ombudsman’s report refers to an investigator’s note saying the above.  Not every day that the ombudsman: asks a council to reflect on its…

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Welsh Independent Living Grant update

For an update by Julie Morgan AM on the Independent Care Assessment process – click here.

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Arrangements to move a care home resident at short notice

An important ombudsman report has outlined key considerations to be taken when it becomes necessary to move a care home resident (in this case one with dementia). The resident (aged…

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Pre-payment cards and direct payments

Think Local Act Personal (TLAP) has published guidance concerning the use by local authorities of pre-payment cards for direct payments / personal budgets. TLAP describes itself as a ‘national partnership’…

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Charges for community care

For many disabled people the cut backs in social care support have been accompanied by steep increases in local authority charges[1] exacerbated by the freezing of threshold allowances for the…

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Community Care & the Law (7th ed 2019)

A new (7th) edition of Community Care and the Law has been published by the Legal Action Group for details click here.

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Cerebra Legal Entitlements Vacancy

Cerebra, the charity that supports the LEaP programme at the School of Law, Leeds is seeking a Co-ordinator for this programme: a 12-month maternity contract but with the possibility of…

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Wales to widen Equality Act 2010 duty

As part of the Welsh Government's commitment to tackling unequal outcomes caused by socioeconomic disadvantage, the Deputy Minister, Jane Hutt, has announced that it plans to make ‘rapid progress over…

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DWP and MoJ unlawful inaction

Legal research by the International Disability Law Clinic at the School of Law, Leeds University concludes that the Government’s policy of not installing audio recording equipment for all Personal Independence…

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Mencap legal vacancies

Mencap is looking for two home based legal case workers.  For the full-time post click here and for the part-time post click here.

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Revisions to the Continuing NHS Healthcare (adults) Framework

The Welsh Government has published for consultation changes it proposes to make to the Continuing NHS Healthcare Framework (for adults) and its accompanying  Decision Support Tool.  The consultation document and…

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Disabled Facilities Grants (DFGs) and social care responsibilities

An important ombudsman report[1] has just been published that reaffirms that: social services authorities have duties under the Care Act 2014 to ensure that necessary home adaptations are provided and…

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BASW Cymru – new resource

BASW Cymru has developed a new on-line resource ‘Social work law in Wales PPEG’ for members and the wider social work profession in Wales. To access this click here.

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Measuring social services performance

The Welsh Government has issued for consultation a draft code of practice ‘Measuring social services performance’ – to access the consultation documents click here.

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NHS Continuing Care (NHS CHC) for children and young people – Welsh Government Consultation

The Welsh Government has published a consultation paper on proposed revisions to the NHS CHC guidance for children and young people – which can be accessed by clicking here.[1] This…

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Extra care housing: ‘just in time’ systems are for cars not care

Extra care housing is a good idea. In practice however it looks to be failing all but the wealthy. This ‘post’ describes the idea behind extra care housing schemes and…

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Post-19 education transport costs

In a recent and important report,[1] the ombudsman has held that the transport needs of an adult in education are relevant considerations when assessing his (and his carer’s) social care…

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NHS Continuing Care latest statistics

The most recent NHS Continuing Healthcare figures (to end of March 2019) show a slight increase in the total number of people being funded. However there is a continuing fall…

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The NHS & Carers Rights

For a paper by Luke Clements, Emily Holzhausen and John Bangs outlining how the existing law concerning carers’ rights relates to the Government’s ‘Universal Personalised Care’ proposals click here.

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Charging for social care changes

The Welsh Government has made uprating changes to the social care charging rules – which have now taken effect. The head-line changes are increases to: the maximum non-residential care charge…

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Legal Aid closure

At the end of 2018 the BBC reported on the decimation of legal aid – with Wales a prime example.  TA Law of Swansea has now announced its withdrawal from…

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Measuring the Mountain

A Welsh Government funded research report into ‘What Really Matters in Social Care to Individuals in Wales’ can be accessed by clicking here. It contains some interesting material and a…

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NHS Continuing Healthcare (CHC) and transitions into adulthood

Young people who are receiving NHS Continuing Care (and their families) are inevitably anxious to know what their care and support arrangements will be once they become 18.  Not infrequently…

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Independent User Trusts and the NHS

MS Martin Searle Solicitors are interested to hear from anyone who has experience of an Independent User Trust to manage NHS Continuing NHS Healthcare payments in Wales.  If you can…

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Assessment & Treatment Units (ATUs)

To access a Petition to stop the detention of people with autism & learning disabilities in ATU’s click here.

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Parents accused of inventing children’s illnesses

For an earlier ‘post’ concerned families being wrongly accused of fabricating or exaggerating their disabled child’s needs – see ‘Can you cope’. A follow up, and equally disturbing, report has…

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Research Assistant Post Leeds

The School of Law has a part-time Research Assistant vacancy in Law & Social Justice – for details click here.

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Welsh Independent Living Grant (WILG)

For an interim report summarising the evidence the Welsh Government has received on the future of the WILG click here.

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What really matters in social care to individuals in Wales?

For a report concerning the views of Citizens’ Jury on this question – click here.

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NHS CHC and supine council leaders

The number of people eligible for NHS Continuing Healthcare funding (CHC) in England has fallen – again. The most recent figures[1] have just been published and show that in the…

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Human Rights briefings

Dr Simon Hoffman has produced two additional briefings for the Bevan Foundation (for the first briefing on ‘incorporation’ click here).  The new briefings concern: (1) Equality & Well-being; and (2)…

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BASW Human Rights

BASW wishes to commission a report on ‘Social Work Practice in the context of Human Rights’ – if of interest click here for details.

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Welsh Independent Living Grant (WILG): Policy Reversal

Julie Morgan, Deputy Health and Social Services Minister, has announced a major change to the process of winding down the WILG.  There will be (with immediate effect) a ‘pause of…

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Social Care sector costs

The annual Pulse report: 59% of providers handing back contracts to councils: 80% citing low wages as the biggest barrier to recruitment / retention; 32% making a loss – click…

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700 days and counting

700 days since the promise to publish a Care Green Paper.  For an excellent Age UK briefing click here

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Cut to the Bone?

For a report by the Welsh Governance Centre on the impact of austerity economics click here.

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Incorporating Human Rights into Welsh law.

For the first (of three) briefing papers on this issue by Dr Simon Hoffman, Associate Professor at Swansea University click here.  

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100% taxation rate

Once more the Department of Health has failed to uprate the personal allowances for charging purposes (click here for the announcement).  It means that disabled people receiving services are liable…

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Track the Act – Carers Survey

If you are a carer in Wales please consider contributing to Carers Wales survey – click here for the Welsh language survey– and here for the English language survey.

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Staying in a care home when savings spent

What can be done when a resident, who has self funded their care home runs out of money: having spent their savings on paying for their care home? Although councils…

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Closure  of the Welsh Independent Living Grant

A case of Wales following in the footsteps of England? While attention is focused on the countdown to leaving the European Union, one should not lose sight of the impending…

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Mental Capacity Law reform

For an independent report by Gillian Loomes for Inclusion London on the views expressed by Disabled People, DPOs and professionals about the proposed changes – click here.

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Off the record

Many Social Security Tribunal hearings are not recorded (none in London) and the Ministry of Justice can’t explain why.  Click here to read the story.

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