Community care news and case law

21 February, 2022

Expert group to be established in Wales to take forward plans to create a National Care Service that will be ‘free at the point of need’

Members of new group will aim to provide recommendations by the end of April 2022, followed by an implementation plan by the end of 2023

11 February, 2022

Scottish Government welcomes strong support from consultation responses on proposals to establish a National Care Service

However, local authority membership body COSLA warns that there remains a 'host of unanswered questions' surrounding the proposals

7 February, 2022

Biggest losers from government’s proposed change to the social care cap in England will be people with only moderate income or assets who also rely on means-tested support towards their care costs

IFS analysis also finds there is a 'clear geographical pattern' to who would see a large reduction in protection against high costs, with those living in the North East, Yorkshire and the Humber, and the Midlands more exposed to care costs as a result of the amendment

4 February, 2022

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

New statutory instrument

3 February, 2022

Second Adverse Findings Notice issued against care provider who chose not to comply with Ombudsman’s recommendations following complaint about its services

Ombudsman highlights that Peepal Care is the only domiciliary care provider in England to have received two such notices

28 January, 2022

Slow progress towards social care reform in Scotland is leading to tighter eligibility criteria being applied for accessing care and increasing levels of unmet need

Audit Scotland reports says clear plan is needed now to address the significant challenges facing social care in Scotland, and to remove any uncertainty about the future direction

26 January, 2022

Department of Health in Northern Ireland launches consultation on ‘far-reaching’ plans to change the face of adult social care in the region

Health Minister also announces a full review of current social care charging arrangements, including the option of introducing a cap on costs faced by individuals and families

4 January, 2022 Open access

Government announces £60 million new funding for local authorities in England to support adult social care sector’s response to Covid-19 in January 2022

Councils can use the funding on measures including increasing use of direct payments and paying staff for Covid-19 sickness and self-isolation absences

23 December, 2021

Court of Appeal rules that duty to provide aftercare to service user released from hospital detention to another local authority area remains with original local authority until decision made that services no longer needed

Worcestershire County Council, R (On the Application Of) v Secretary of State for Health and Social Care [2021] EWCA Civ 1957

17 December, 2021

Lords Select Committee warns that significant level of ‘disguised legislation’ in Health and Care Bill ‘offends against the democratic principles of parliamentary scrutiny’

Scrutiny report on the Bill urges Ministers to look again at its more than 60 delegated powers that allow guidance and directions to be issued without any parliamentary procedure at all

16 December, 2021

Government announces £1.4 billion funding from Health and Social Care Levy to support local authorities move towards paying care providers a ‘fair cost of care’

Care Minister adds that funding will reduce care providers' reliance on self-funders to subsidise state-funded care, while also addressing under-investment in care provision and poor workforce practices

16 December, 2021

Government launches consultation on provisional local government finance settlement for England in 2022/2023 that includes funding to ‘support the most vulnerable through social care’

Proposals include £700 million of new grant funding for social care plus a 1 per cent adult social care council tax precept

15 December, 2021

High Court rules that local authority was wrong to decide that it could not, as a matter of law, continue to provide funding for holidays and recreational activities to two disabled adults

BG & Anor, R (On the Application Of) v Suffolk County Council [2021] EWHC 3368 (Admin)

10 December, 2021

Ombudsman recommends council pays £2,000 compensation to family that waited more than three years for disabled facilities adaptations for their disabled child

Delay was so long that the child had outgrown the original proposals, while the council then made matters worse by failing to provide interim measures or keep in regular contact with the family

2 December, 2021

Ombudsman calls for new powers to be able to proactively investigate issues on behalf of people who are unable to complain about their care themselves

Review of service also recommends extending the types of cases that can be investigated to include all aspects of social care in every setting

2 December, 2021

Far from fixing social care as the Prime Minister promised, the government’s White Paper means services will continue to face ‘significant challenges in supporting people’

While overall vision is the right one, Kings Fund says steps outlined don't go 'far enough or fast enough' to achieve it

1 December, 2021

Government publishes White Paper setting out its 10-year vision for adult social care reform in England

In addition to longer-term aspirations, government says that its investment plans for the next three years include funding to increase supply of supported accommodation, to improve support for unpaid carers, and to promote innovative care provision

29 November, 2021

Survey of social services directors reveals ‘rapidly deteriorating’ picture of the state of the social care system in England

ADASS reports that almost 400,000 people are now waiting for an assessment of their care needs or services, an increase of 100,000 in just three months

29 November, 2021

Welsh local authorities must take a proactive ‘rights-based’ approach to carers of disabled children, including informing them of their entitlement to an assessment of their support needs

Care Inspectorate Wales finds that around two-thirds of parents and carers of disabled children were not offered an assessment

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