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Caring matters

08 October 2009 / Ed Mitchell
Issue: 7388 / Categories: Features , Local government , Human rights , Community care
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Ed Mitchell provides an update on flawed decision making & the protection of vulnerable adults

Charging for non-residential care services can be a complex business because the amount of the charge is related not only to a person’s income but also to the way in which they live their life and spend their money.

Therefore, to rush through a charging assessment is to invite error, which is what happened in the claim for judicial review that came before the High Court (Hickinbottom J) in R(B) v Cornwall CC [2009] EWHC 491 (Admin), [2009] All ER (D) 244 (Jun).

The case revolved around “disability related expenditure” (DRE) a concept employed by the statutory charging guidance (Fairer Charging Policies for Home Care and other Non-residential Social Services, LAC (2001) 32).

DRE is important because it operates in some cases to reduce the charge that a service user has to pay. Under the guidance, DRE is subtracted from the income of a service user in receipt of disability benefits such as the care component

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

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Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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