Community care news and case law

22 September, 2022

Government introduces Bill to reverse April 2022’s national insurance increase to fund health and social care and next year’s Health and Social Care Levy

However, Chancellor says that funding for health and social care services will be maintained at the same level as if the measures had been kept in place

5 September, 2022

More than 2.5 million people in England aged 50 or over are living with some form of unmet need for care

Responding to new analysis from Age UK, social care campaigners call for government to provide urgent cash injection to social care system to address increasing pressures caused by funding and staff shortages

1 September, 2022

Ombudsman warns councils that they must not allow care providers they work with to have subsidiary contracts with clients

Warning issued after Leeds City Council found to be at fault for allowing care provider to have contract with woman to make up the difference between what it received from council and its private rate

25 August, 2022

Local Government and Social Care Ombudsman issues new guidance on making Deprivation of Capital decisions

Based on lessons from complaints received, guidance sets out key good practice points for financial assessment practitioners in local authorities

18 August, 2022

Consultation launched on enabling access to direct payments for adults who are eligible for Continuing NHS Healthcare in Wales

Social Services Minister says the proposal aims to 'further strengthen the voice and control of service users and their carers'

9 August, 2022

Government launches consultation on proposals for distribution of funding to support first year of reforms to the adult social care system in England

Proposals seek to 'balance the principles of funding certainty, transparency, robustness and fairness’

8 August, 2022

Almost 90 per cent of local authorities in England think that some or all of the government’s adult social care reforms should be delayed

Responding to councils' concerns about funding shortfalls and their ability to meet government's timetable, Local Government Association writes to Secretary of State to call for reforms to be put back to April 2024

5 August, 2022

Six hundred people a day are joining growing waiting lists to be assessed for social care and support in England

Situation is deteriorating rapidly, with system buckling under unprecedented pressures, says Association of Directors of Adult Social Services

5 August, 2022

Ombudsman finds Liverpool City Council at fault for failing to give mother of disabled teenagers adequate level of direct payments to commission support with social activities

Council ordered to award compensation totalling £8,550 and to review its direct payments policy

4 August, 2022

Government has not come close to rescuing social care and must inject immediate funding ‘in the order of several billions each year’, say MPs

Levelling Up Committee adds that White Paper is nothing more than a vision with 'no roadmap, no timetable, no milestones, and no measures of success'

27 July, 2022

Court of Appeal rules that a 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 [2022] EWCA Civ 1047

26 July, 2022

Public Services Ombudsman for Wales finds council at fault for failure to monitor third-party supported living services in the months before resident died

While earlier intervention may not have altered the final outcome, ‘several opportunities to intervene were lost’, says Ombudsman

21 July, 2022

Ombudsman finds Croydon Council and local health services at fault for failing to provide Mental Health Act aftercare services that led to delayed PIP claim and deterioration in mental health

Complaint to Ombudsman results in compensation award of £7,000 for lost entitlement to PIP and a further £7,250 in relation to the injustice experienced by complainant and her parent carers

19 July, 2022

Without immediate and substantial government help, rising demand combined with existing pressures on social care will lead to ‘the most difficult winter ever experienced'

Association of Directors of Adult Social Services warning highlights increase in requests for support from people with mental health issues, domestic abuse and safeguarding concerns, and problems due to breakdown of unpaid carer arrangements

8 July, 2022

Government announces delay to introduction of social care reforms that would give all self-funders the right to access care at lower local authority rates

Following concerns expressed in response to recent consultation exercise, Social Care Minister confirms that the government will take a 'staged approach' to its planned extension of Section 18(3) of the Care Act 2014

8 July, 2022

MSPs launch consultation on the National Care Service (Scotland) Bill

Vews sought on the general principles and financial implications of the Bill that will allow Scottish Ministers to transfer social care responsibility from local authorities to a new, national service

1 July, 2022

Treatment of cost of living payments in local authority assessments of the amounts individuals are required to contribute towards their care and support

New statutory instrument

27 June, 2022

Government’s social care charging reforms are ‘significantly’ underfunded and could tip councils over the edge, warns LGA

Highlighting the already increasing waiting times for assessments, care and reviews, LGA calls for a higher proportion of the health and social care levy to be spent on social care

24 June, 2022

NHS survey shows that unpaid carers ‘are at breaking point’, says Carers UK

Chief Executive urges government to implement urgent ‘Recovery and Respite’ plan in light of sharp drop in services allowing unpaid carers to take a break from caring for more than 24 hours

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