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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll