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08 October 2009 / Ed Mitchell
Issue: 7388 / Categories: Features , Local government , Human rights , Community care
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Caring matters

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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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The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
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Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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