header-logo header-logo

08 October 2009 / Ed Mitchell
Issue: 7388 / Categories: Features , Local government , Human rights , Community care
printer mail-detail

Caring matters

flower_4

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll