Community care news and case law

8 February, 2023

While Integrated Care System reforms have potential, there is no clear responsibility for ensuring that social care is properly integrated with health care

Public Accounts Committee calls on DHSC to clarify how it will resolve joint working issues between the two sectors, and its plans to tackle the shortfall in the social care workforce

2 February, 2023

Ombudsman launches good practice guide on record keeping for independent care providers

Examples of poor practices highlighted in the guide include a provider fabricating records after a serious incident and customers being given wrong or no treatment because records were not updated properly

26 January, 2023

EHRC research highlights barriers faced by those challenging social care decisions in Scotland

Complaints processes need to be more accessible, clear and consistent, with guaranteed access to independent advocacy and improved equality data collection by local authorities, says Equality Commissioner

26 January, 2023

Assessment of income and capital for the purposes of charging for residential care in Scotland 2023/2024

New statutory instruments

25 January, 2023

Miscellaneous amendments to social care charging and financial assessment provisions in Wales 2023/2024

New statutory instrument

20 January, 2023

ADASS, LGA and NHS Confederation highlight ‘stark truth’ that health and social care services are struggling to meet their statutory requirements

Issuing a new joint vision for health and care system, organisations call on the government to invest in prevention and early intervention, create ability to plan for the long-term, and deliver fully funded workforce plan

18 January, 2023

Carers NI launches Carer Poverty Commission, bringing together experts from across the UK to make recommendations to tackle poverty and destitution among Northern Ireland’s carer population

Project running over 12 months seeks to address ‘scathing indictment of Northern Ireland’ that carers are cutting back on food and energy use while having to rely on help from charities ‘just to get through the week’

11 January, 2023

Supreme Court rules that council’s charging policy for disabled adult did not breach provisions within Equality Act 2010

McCue (as guardian for Andrew McCue) (AP) (Appellant) v Glasgow City Council (Respondent) (Scotland) [2023] UKSC 1

9 January, 2023

Welsh Public Services Ombudsman launches consultation on proposed ‘own initiative’ investigation into carers’ needs assessments and complaints

Observing that there are a very low number of complaints from carers or those receiving care, Ombudsman questions whether there are obstacles or barriers which prevent them raising concerns

5 January, 2023

Ombudsman warns local authorities that 15-minute care visits are ‘rarely enough’

Investigation finds Warrington Council's regular use of short visits is contrary to statutory guidance and fails to have due regard to people's human right to respect for private life

22 December, 2022

Scottish Government publishes National Carers Strategy to ‘build a sustainable future for unpaid carers’

New strategy aims to ensure that the importance of carers to society is recognised and that their voices are represented and heard in national policy making

9 December, 2022

Ombudsman criticises local authority for refusing to provide respite care for mother of disabled teenager because it would cost more than average placement

London Borough of Croydon ordered to pay compensation of £4,000 and brief staff to make it clear that it can't refuse or limit care choices based on cost

9 December, 2022

Redcar and Cleveland Council found at fault for failing to provide respite care for family of boy with complex special educational needs

Ombudsman orders council to pay more than £6,000 compensation and clarify when a new respite facility will be available

8 December, 2022

Peers challenge government to urgently reform adult social care to give service users and carers greater choice and control

New Adult Social Care Committee report also includes recommendations to provide more realistic financial and workforce strategies

7 December, 2022

Bill making provision for the protection of residential care recipients, their families and carers receives first reading in the House of Lords

New protections and guarantees in Protection of Care Recipients and Carers Bill aim to address concerns brought to light during the Covid-19 pandemic

1 December, 2022

Council’s treatment of disabled man with autism after he asked for a care needs assessment reveals significant lack of understanding of the needs of people with autism ‘at all levels’

Following Ombudsman's investigation, City of Bradford council agrees to pay £4,000 compensation for loss of services and the avoidable distress that it caused

21 November, 2022

Scottish Government updates statutory guidance on self-directed support in Scotland to make it clearer that it is for everyone who needs social care services or support

Original guidance published in 2014 updated to incorporate policy and legislative changes which have taken place since the Social Care (Self-directed Support) (Scotland) Act 2013 came into force

17 November, 2022

Government confirms it is delaying the introduction of its adult social care charging reforms for two years until October 2025

However, Autumn Statement 2022 says that funding for the original October 2023 implementation plan will be maintained 'to enable local authorities to address current adult social care pressures’

15 November, 2022

High Court finds that local authority should have provided reasons for not following earlier, more generous, assessment of care needs

P, R (On the Application Of) v London Borough of Croydon [2022] EWHC 2886 (Admin)

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