header-logo header-logo

19 April 2012 / Ed Mitchell
Issue: 7510 / Categories: Features , Health & safety , Public
printer mail-detail

Caring & sharing?

Ed Mitchell provides an update on community care law

Increasingly, local authorities are having to take hard decisions about how they deploy the limited resources available to them for  the provision of community care services. In R (McDonald) v Royal Borough of Kensington & Chelsea [2011] UKSC 33, [2011] 4 All ER 881 the Supreme Court confirmed that it is principally for a local authority to take these hard decisions in individual cases, not the courts. So, once a local authority had formally reassessed community care needs, it was entitled to decide to save some £250 per week by supplying continence aids rather than funding a night-time carer.

McDonald

The case concerned a 67-year-old woman left unable to mobilise unaided by a stroke. While she needed to urinate about three times per night, she was not incontinent. There were two options for managing the claimant’s night-time continence needs. The first, favoured by the claimant, was for a night-time carer to help her to a commode. The second cheaper option, which the claimant’s

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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll