Community care news and case law

8 October, 2020

Ombudsman issues new guidance to local authorities in England on effective complaint handling

Guide offers 'practical, real-world advice and guidance' on running a complaints system to ensure it supports complainants and helps improve services

8 October, 2020

Ombudsman recommends council pays £500 compensation to disabled woman for distress caused by its mishandling of her student council tax exemption application

Investigation concludes Calderdale Council caused injustice through ‘constant and often wrong demands’ that increased anxiety and made autistic claimant ill

7 October, 2020 Open access

Scottish Government confirms that it intends to suspend provisions of Coronavirus Act that allow for easement of local authority duties to assess care and support needs

Survey of the extent of the operation of the powers at a local level has demonstrated that few councils have needed to use the powers, says Cabinet Secretary

6 October, 2020 Open access

Welsh Government launches consultation on whether to maintain or suspend Coronavirus Act easement of duties to assess and meet needs for care and support

Views sought by 2 November 2020 following last week's House of Commons vote in favour of retaining the time-limited easement

1 October, 2020 Open access

Secretary of State confirms government intends to renew provision for easement of local authority duties to assess and meet care needs

House of Commons votes in favour of renewing temporary provisions within the Coronavirus Act 2020 by 330 votes to 24

25 September, 2020 Open access

Women and Equalities Committee accepts that suspension of Care Act duties to assess and meet care needs under Coronavirus Act may need to remain in place over the winter period

However, Committee also urges the government to suspend the easement immediately should it become clear that a second peak of the virus has been avoided

24 September, 2020

Ombudsman finds council acted in contravention of the Care Act by routinely telling people it would not fund support to ‘maintain a habitable home’

Investigation concludes that Hertfordshire County Council appeared to have decided that some needs were more important than others, contrary to the Care Act which places equal importance on all eligible needs

23 September, 2020 Open access

More than 60 disability rights organisations call for government to restore protection of disabled people’s rights eroded by the Coronavirus Act 2020

Open statement asks government to withdraw sections of the Act that give powers to central and local government to reduce protection of rights to care, education and mental health support

16 September, 2020

Ombudsman calls on government to use planned social care reforms to ensure providers advise people how to complain

Lack of complaints, particularly in the independent sector, means opportunities to improve adult care services are being lost

7 September, 2020

Social care should be a universal service free at the point of use, says TUC

Highlighting that average social care spending per head of population in England is 8 per cent lower than it was in 2010, TUC sets out plan for how a full funding settlement could work

3 September, 2020

Ombudsman finds council at fault for failing to consider couple’s need to be together when the woman was moved to a care home

Recommending the council apologises and pays compensation to the couple's family, Ombudsman says 'little regard was paid to the couple’s dignity or basic Human Rights'

1 September, 2020

Scottish Government to ‘immediately establish’ an independent review of adult social care

Review outlined in new Programme for Government will report by January 2021 and include consideration of a National Care Service

24 August, 2020

Whether council’s policy in relation to charges made for community care services under the Social Work (Scotland) Act 1968 was amenable to judicial review

Reclaiming motion by Terri McCue for judicial review against a decision of Glasgow City Council [2020] ScotCS CSIH 51

24 August, 2020 Open access

Relaxation of evidence requirements for help with NHS costs during the COVID-19 pandemic

New statutory instrument

20 August, 2020 Open access

Government must ‘grasp the nettle’ and fix social care once and for all, says NHS Confederation

Coalition of health organisations says that COVID-19 has demonstrated both the critical role that social care plays in the delivery of health and care services, and the need for fundamental reform

13 August, 2020

Ombudsman finds London Council at fault for multiple failings in its assessment process for Blue Badge scheme applications

Failures included premature deletion of records, refusal to review a rejected application, and absence of an appeal process

13 August, 2020 Open access

Scottish Parliamentary Committee launches inquiry on care and support at home and issues brought to the fore by COVID-19 pandemic

Views sought by 7 September 2020 from people receiving care at home, unpaid carers, personal assistants providing care, and staff involved in home-care provision

12 August, 2020 Open access

Carers UK warns that government’s ‘continual failure’ to tackle social care reform is now impacting the wider workforce in England

New survey finds that two thirds of employers say more support is needed from care services to keep staff in work

30 July, 2020

Carers Trust calls for more support for older carers and ageing parent carers to access and receive services as their circumstances change

New report finds that majority of carers are not being supported to plan for a future when they are less able or unable to care

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