Community care news and case law

16 December, 2021

Government launches consultation on provisional local government finance settlement for England in 2022/2023 that includes funding to ‘support the most vulnerable through social care’

Proposals include £700 million of new grant funding for social care plus a 1 per cent adult social care council tax precept

15 December, 2021

High Court rules that local authority was wrong to decide that it could not, as a matter of law, continue to provide funding for holidays and recreational activities to two disabled adults

BG & Anor, R (On the Application Of) v Suffolk County Council [2021] EWHC 3368 (Admin)

10 December, 2021

Ombudsman recommends council pays £2,000 compensation to family that waited more than three years for disabled facilities adaptations for their disabled child

Delay was so long that the child had outgrown the original proposals, while the council then made matters worse by failing to provide interim measures or keep in regular contact with the family

2 December, 2021

Ombudsman calls for new powers to be able to proactively investigate issues on behalf of people who are unable to complain about their care themselves

Review of service also recommends extending the types of cases that can be investigated to include all aspects of social care in every setting

2 December, 2021

Far from fixing social care as the Prime Minister promised, the government’s White Paper means services will continue to face ‘significant challenges in supporting people’

While overall vision is the right one, Kings Fund says steps outlined don't go 'far enough or fast enough' to achieve it

1 December, 2021

Government publishes White Paper setting out its 10-year vision for adult social care reform in England

In addition to longer-term aspirations, government says that its investment plans for the next three years include funding to increase supply of supported accommodation, to improve support for unpaid carers, and to promote innovative care provision

29 November, 2021

Survey of social services directors reveals ‘rapidly deteriorating’ picture of the state of the social care system in England

ADASS reports that almost 400,000 people are now waiting for an assessment of their care needs or services, an increase of 100,000 in just three months

29 November, 2021

Welsh local authorities must take a proactive ‘rights-based’ approach to carers of disabled children, including informing them of their entitlement to an assessment of their support needs

Care Inspectorate Wales finds that around two-thirds of parents and carers of disabled children were not offered an assessment

23 November, 2021

MPs vote in favour of amendment to social care cap which moves away from recommendations of independent Dilnot Commission and ‘disproportionately benefits those with greater assets’

However, Health Minister says amendment is the right way forward and 'will make it simpler to understand the amount that will go towards the cap and make it fairer'

18 November, 2021

Government’s plans for capping adult social care costs will make the scheme a lot less helpful to older people with modest assets than anyone had expected

Responding to written statement from the Care Minister, Age UK says that announcement waters down Sir Andrew Dilnot's original proposal to save the government some money, but at the cost of protecting the finances of older home owners who are less affluent and need care for a long time

17 November, 2021

Council took ‘too rigid an approach’ in refusing to consider travel and holiday accommodation costs for a disabled person’s carer as a disability-related expense

Asking the council to reconsider its assessment and re-examine its approach, Ombudsman highlights evidence that its decision was consistently tied to the fact that holidays are not mentioned as an eligible outcome in the Care Act

29 October, 2021

Ombudsman issues Adverse Findings Notice after private care provider refuses to apologise for failing to properly care for a man in his own home

When choosing a provider, people encouraged to think strongly not just about the care itself, but also about how a provider deals with complaints should they arise

29 October, 2021

Ombudsman criticises council for failing to take into account professional advice when assessing woman’s care needs

Case where woman became malnourished and was hospitalised twice 'is a prime example of the council simply not listening to people involved in the case', says Ombudsman

27 October, 2021

Government confirms £3.6 billion social care funding for local government to implement the cap on personal care costs and changes to the means test

Spending Review 2021 says that funding will support councils to 'better sustain their local care market by moving towards a fairer cost for care'

25 October, 2021

Basic foundations of social care are looking ‘so rocky’ that urgent government action is required to keep the system viable

Responding to new report from the Care Quality Commission, Age UK says that its findings 'shout out the clearest possible warning'

21 October, 2021

Ombudsman criticises council for its failure to explain impact of decision to change treatment of a property in its care charging assessment

As a result, care home resident’s family was left with a bill for £33,000 in care charges and a further £380 towards the cost of progressing a delayed payment agreement

15 October, 2021

Of almost 400,000 occupied care home beds in England in 2019/2020, more than a third were occupied by self-funders

New figures from the Office for National Statistics highlight that while less than 5 per cent of younger adults are self-funding, the proportion rises to more than half of those in homes providing care for older people

29 September, 2021

Ombudsman reports ‘relentless rise’ in proportion of social care complaints upheld over last decade

While Covid-19 has caused added pressures, Ombudsman adds that early findings suggest that these only served to exacerbate existing concerns, rather than create new ones

22 September, 2021

Parliamentary committee launches inquiry to investigate whether the human rights of residents and their families are respected in care homes in England

New inquiry will explore how human rights are being undermined, including the right to family life and the right not to be subject to inhuman and degrading treatment

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Community care

Proposals include £700 million of new grant funding for social care plus a 1 per cent adult social care council tax precept

ADASS reports that almost 400,000 people are now waiting for an assessment of their care needs or services, an increase of 100,000 in just three months

Proposals include £700 million of new grant funding for social care plus a 1 per cent adult social care council tax precept