2012 08 Adult Care

Saturday 1 September 2012

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The Government has published three documents that seek to reform the social care system in England:

(1) The Care and Support white paper: http://www.dh.gov.uk/health/files/2012/07/2900021-CaringForFuture_ACCESSIBLE-10.07.2012.pdf

(2) A draft bill: http://www.dh.gov.uk/prod_consum_dh/groups/dh_digitalassets/@dh/@en/documents/digitalasset/dh_134740.pdf

(3) A progress report on funding: http://www.dh.gov.uk/health/files/2012/07/2900021-Progress-Report-FINAL-ACCESSIBLE.pdf

Secretary of State for Work and Pensions v Slavin [2011] EWCA Civ 1515 (Pill, Richards, Davis LJJ): a person residing in a care home was entitled to the mobility component of disability living allowance because it could not be said that he came within the definition that would have excluded him from the benefit, namely that he was “maintained free of charge while undergoing medical or other treatment as an in-patient... in a hospital or similar institution” within the meaning of the Social Security (Disability Living Allowance) Regulations 1991 reg12A. Click here for the transcript.

KM v Cambridgshire CC[2012] UKSC 23 (Lords Phillips and Walker, Lady Hale, Lords Brown, Kerr, Dyson and Wilson JJSC): that the local authority’s use of its resource allocation scheme had been rational. Click here for the transcript. Also, see our practice note on this case KM - the case that never was.

R(MK) v Secretary of State for the Home Department[2012] EWHC 1896 Admin (Foskett J): the secretary of state's policy that renewed asylum applications advanced by failed asylum seekers had to be considered before their applications for support under section 4 of the Immigration and Asylum act 1999 were considered, unless 15 working days had elapsed, was unlawful because it created an unacceptable risk of a breach of Article 3 ECHR. Click here for the transcript.

ZH v Commissioner of Police of the Metropolis[2012] EWHC 604 (Admin)(Sir Robert Nelson): the police were liable in trespass, for breach of the Disability Discrimination Act 1995, and of Articles 3, 5 and 8 of the European Convention on Human Rights, as a result of the forcible removal from a swimming pool and subsequent restraint of an autistic, epileptic young man. Click here for the transcript.

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