Community care news and case law

9 July, 2021

‘Wasted decade’ has seen social care system stagnate while those in many other countries have been modernised and strengthened

10 years on from the Dilnot Commission report, Care and Support Alliance calls on the government to 'fix social care, once and for all'

6 July, 2021

Health and Care Bill receives its first reading in House of Commons

Bill introduces a new legal duty for the Care Quality Commission to review and assess performance of local authorities in discharging their 'regulated care functions'

21 June, 2021

More than 2 million requests for care and support have been turned down by England’s local authorities in the last two years

New research by Age UK highlights growing demand for care services with ‘chronic underfunding’ failing to keep pace

17 June, 2021

Additional categories of capital to be disregarded when carrying out a financial assessment in order to calculate charges for care and support

New statutory instrument

17 June, 2021

Ombudsman criticises council for automatically reducing allowable disability-related expenses in social care financial assessments where a cheaper option was available

Failure to account for individual circumstances went against Care Act 2014 guidance and appeared to show a fettering of discretion

16 June, 2021 Open access

Devastating impact of Covid-19 has demonstrated urgent need for reform of social care sector, say MPs

Public Accounts Committee calls for end to 'decades of neglect' for adults needing care

16 June, 2021 Open access

Survey of more than 90 councils in England shows sharply rising demand for social care as society begins opening up after Covid-19

Trend is ‘unsustainable’, and shows why the government must publish its plans for social care as a matter of urgency, says Association of Directors of Adult Social Services

7 June, 2021

Welsh Government launches £3 million respite fund for unpaid carers

Minister confirms that funding will be delivered in two phases, with £1.75 million for emergency respite care, followed by £1.25 million to develop a short breaks fund

1 June, 2021

Court of Session rules that a local authority has discretion to reduce or restrict use of self-directed care payments that were previously agreed in claimant’s care plan

Andrew Lennon against NHS Highland and Another [2021] CSOH 56

27 May, 2021

Scotland’s new National Care Service will be the most important public sector innovation since the establishment of national health service, First Minister says

Statement to Holyrood setting out government's post-election priorities also confirms that legislation should be introduced in first parliamentary session, with the service up and running by the end of the Parliament

26 May, 2021

Elderly Social Care (Insurance) Bill receives first reading in the House of Lords

Bill introduced to make provision for a publicly owned body to provide insurance for homeowners to cover social care costs

17 May, 2021 Open access

High Court of Northern Ireland rules that a Health and Social Care Trust acted lawfully in reducing two claimants’ social care provision in response to pressures of Covid-19 pandemic

J and L's (acting by their mother) application and in the matter of a decision by A Health and Social Care Trust [2021] NIQB 23

14 May, 2021

Select Committee remains concerned about ‘glaring omission’ of social care reform from government’s white paper on health and social care integration

MPs warn that without detailed 10-year costings for social care reform, the potential successes of a new integrated health and care system in England will be undermined

13 May, 2021

High Court considers lawfulness of decision on suitability of Mental Health Act 1983 aftercare accommodation for patient due to return home on discharge from hospital

ZK, R (On the Application Of) v Norfolk County Council & Anor [2021] EWHC 1249 (Admin)

11 May, 2021

Government says it is ‘committed’ to improving adult social care system and will bring forward proposals for reform during 2021

As part of its approach to reform, government says it will 'listen and engage' with staff groups and also consult with those with 'lived experience of the care sector'

6 May, 2021

Gulf between the social care support that people need and what they receive continues following a ‘decade of neglect’

New Kings Fund analysis of adult social care trends shows key indicators, including unmet needs and use of self-directed support, are heading 'in the wrong direction'

28 April, 2021

High Court considers proper approach to determining ‘ordinary residence’ disputes over responsibility for Mental Health Act 1983 after-care following repeat hospital detentions

Worcestershire County Council, R (On the Application Of) v Secretary of State for Health and Social Care [2021] EWHC 682 (Admin)

23 April, 2021 Open access

Ombudsman criticises Medway Council for leaving vulnerable teenager to live in tent during Covid-19 crisis

Council pays £1,500 each to the teenager and his mother to reflect the distress and hardship they were caused, with further £200 for mother to reflect the fact that she was not listened to

14 April, 2021 Open access

Government launches consultation on making Covid vaccination a condition of work for some care home staff

Evidence sought on how the change for care homes with older adult residents in England could be implemented and whether respondents think it would be beneficial

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