Legal Updates

Doughty Street Chambers SolicitorsHempsons SolicitorsWhite and Sherwin Solicitors

Our team of legal experts provide updates on cases relevant to social care, with explanations of what each case means for people working in the sector.

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Articles 1 to 20 of 98

Latest case law in relation to children's human rights

Ed Mitchell looks at the latest case law concerning human rights and children, following recent...

Posted: 06 August 2008 | Full Article

Legal Update: Courts rule on duty of care and strict liability in adult care sector

Ed Mitchell looks at compensation claims over the past year

Posted: 24 July 2008 | Full Article

Can care orders and placement orders be made simultaneously?

The Court of Appeal has reminded professionals that two orders that precede adoption need not be made simultaneously.

Posted: 12 June 2008 | Full Article

Local authorities can remove vulnerable adults from the family home

The High Court gave a council the right to remove a vulnerable adult from her carers but such litigation is costly, writes Ed Mitchell

Posted: 28 May 2008 | Full Article

Legal side of the proposed Care Quality Commission

Ed Mitchell explains how the proposed Health and Social Care Bill involves a lot more than merely organisational changes

Posted: 24 April 2008 | Full Article

Human rights in care homes

The government is to extend the Human Rights Act 1998 to cover people that councils have placed in privately-run care homes. What are the risks care home owners now face

Posted: 11 April 2008 | Full Article

Accommodation and vulnerable 16- and 17-year-olds

Ed Mitchell looks at the implications of a case of a homeless 17-year-old whose application for leaving care services was turned down

Posted: 09 April 2008 | Full Article

Direct payments and mental capacity

Draft legislation aims to allow third parties to receive direct payments to purchase services for those unable to give consent, says Ed Mitchell

Posted: 26 March 2008 | Full Article

Legal update: who is in charge of adoption?

The case of a woman who wanted to adopt her foster daughter has clarified the placement-adoption...

Posted: 27 February 2008 | Full Article

Consent to sexual relations by mentally incapacitated people

Victoria Butler-Cole on why a local authority must allow a couple to have unsupervised contact despite their mental health issues

Posted: 14 February 2008 | Full Article

Ed Mitchell looks at the implications for local authorities of the ‘lottery rapist’ decision

The law and common sense were brought into step by the widely reported decision of the Law Lords in the ‘lottery rapist’ case (A v Hoare). But it has wider implications beyond the unusual facts of Hoare and his victim.

Posted: 01 February 2008 | Full Article

Why don't negligent parties foot the bill for victims' care?

Ed Mitchell considers the circumstances in which councils, rather than insurers, have to pick up the tab for accident victims' long-term care

Posted: 21 November 2007 | Full Article

Escape from the citadel of God

Removing a child from their parents to prevent harmful indoctrination was at the heart of a recent European human rights case. Ed Mitchell reports

Posted: 01 November 2007 | Full Article

Public Law Outline Q & A

WHAT IS THE PUBLIC LAW OUTLINE? The Public Law Outline will replace the existing Protocol for Judicial Case Management in Public Law Children Act Cases. Like the protocol, the outline will control the conduct of care proceedings. WHAT’S WRONG WITH THE OLD PROTOCOL? The recent review of care proceedings concluded that they take too long. On average, in care centres, it takes 51 weeks from application to care order. WHAT ARE THE PRACTICE IMPLICATIONS? We cannot yet say for certain. Pilot schemes are under way and evaluation of those will determine the final outline. However, a flavour of the likely impact is provided by the pilot arrangements. A key objective is to reduce delay. Accordingly, we can expect a requirement for better preparation of care order applications and even stricter case ma

Posted: 31 October 2007 | Full Article

Legal update: courts confirm councils' power to protect vulnerable adults

Ed Mitchell on a case that confirmed local authorities' power to intervene in order to protect vulnerable adults

Posted: 24 October 2007 | Full Article

Leaving care services depend on what section is used

Ed Mitchell considers the "leaving care gap" that unaccompanied asylum-seeking children may find themselves falling into

Posted: 12 July 2007 | Full Article

Distress when council usurped mother as nearest relative

Involving family members is essential in a care crisis, but this was something that Oxfordshire Council overlooked, writes Ed Mitchell

Posted: 21 June 2007 | Full Article

Discrimination Law Handbook (Second edition)

Discrimination law is close to becoming an incomprehensible morass of legislation for anyone other than specialist lawyers. This is worrying, but is also why this handbook is so valuable, writes Ed Mitchell.

Posted: 07 June 2007 | Full Article

Negligence claims in child protection cases

A claim for negligence against a local authority puts the spotlight on "duty of care". But it can depend on who is making the claim. Ed Mitchell reports

Posted: 07 June 2007 | Full Article

Q&A: new flexible working rights for carers

What are the new rights for working carers?

Posted: 11 May 2007 | Full Article

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