The current pandemic poses particular problems to care home managers and local authorities who make such placements. It raises questions about their legal obligations and the rights of care home residents in the face of this health crisis.
Public law / local government related news
In a recent homelessness appeal, Tyreese Jones v LB Southwark, the County Court has held that children who are privately fostered after the age of 16 have priority need for homelessness assistance from local authorities. Alexander Campbell appeared for the successful appellant.
The claimant argued that the local authority had a freestanding power to provide healthcare under s. 1 of the Localism Act 2011. The local authority argued it was able to provide healthcare under s. 75 of the NHS Act 2006 in partnership with the NHS and could not exercise the general power in s. 1 of the 2011 Act to circumvent the existing statutory scheme.
Last week’s Court of Appeal judgment in A Local Authority v JB, changes the way in which lawyers, social care professionals and others should approach mental capacity concerning sexual relations.
Clare Cullen considers R (on the application of Mitchell) v London Borough of Islington. For local authorities, the case shows the importance of ensuring proper notification is given under s.188(1ZA) to bring the s.188 duty to an end in circumstances where the relief duty is owed but an applicant is found not to have a priority need. For those representing homeless applicants, it demonstrates the importance of checking whether proper notification has been given under s.188(1ZA) to end the s.188 duty.
Genevieve Screeche-Powell acted for the successful local authority in the High Court, Media and Communication List, in a breach of confidentiality/misuse of private information claim.
Joshua Swirsky will speak about Covid-19’s impact on supported housing, care homes and sheltered housing at a free Social Housing Law Association webinar on Thursday 11 June.
The main provisions of the Coronavirus Act 202 were brought into force without s. 15 and Schedule 12 which concern local authority care and support. Those were brought into force on 31 March 2020. One month on, some common themes are emerging.
The High Court has granted an interim injunction against a hospital patient, requiring her to give up possession of a hospital bedroom. In effect, the NHS Trust was granted possession by the “back door”, in a way which avoided the intended effect of CPR 51Z PD.
Amid the current public health crisis, the Coronavirus Act 2020 has relaxed Care Act requirements for local authorities to assess or meet social care needs. But how should local authorities approach this “easement” relating to meeting needs?