19 / Nov / 2021
Resources > Health and Social Care Law Blog
19 / Nov / 2021
Placement of looked-after children in unregulated accommodation – yet another update
19 / Nov / 2021
High Court rules that patients with capacity receiving care and treatment in the community will not suffer the distress of hospital detention if such detention would breach their Article 5 rights
25 / Oct / 2021
Court of Appeal decides care workers will act unlawfully if they arrange a sex worker for a disabled person: But were the wrong questions asked?
13 / Oct / 2021
Learning the lessons from the judgment of the Court of Appeal in R (Bell) v Tavistock and Portman NHS Foundation Trust
13 / Oct / 2021
The latest update on: Placement of looked-after children in unregulated accommodation
13 / Oct / 2021
Which local authority pays for aftercare after repeated detentions? DHSC’s current position on determinations on s117 Mental Health Act 1983 disputes
13 / Oct / 2021
Strasbourg awards damages to social care worker for accusations of professional misconduct by a Family Court Judge
13 / Oct / 2021
Divisional Court finds law permitting abortion of fetuses with Down’s Syndrome after 24 weeks lawful
20 / Sep / 2021
Which local authority pays for aftercare after repeated detentions? DHSC’s current position on determinations on s117 Mental Health Act 1983 disputes
15 / Sep / 2021
Judicial Review and Courts Bill: A commentary on the new powers in relation to quashing orders and abolition of the rule in Cart
15 / Sep / 2021
Council’s charging policy held unlawful as it discriminated against severely disabled persons
15 / Sep / 2021
What should local authorities do in the case of looked after children under 16 who are placed in unregulated settings after 9 September 2021? An analysis of the recent Tameside MBC decision [2021] EWHC 2472
31 / Aug / 2021
The looming crisis for children in local authority care being deprived of their liberty: What should local authorities do for looked after children in secure accommodation on 9 September?
14 / Jul / 2021
NHS England issues a new “good practice” guidance on the transfer and remission of immigration removal centre detainees under the Mental Health Act 1983
14 / Jul / 2021
Court of Appeal decides that interest can be claimed on overdue sums under NHS contracts
9 / Jun / 2021
High Court rules that parental consent is valid to enable trans-children to access Puberty Blockers
9 / Jun / 2021
Informal evidence can be considered for clinical decision-making on access to critical medicines
9 / Jun / 2021
The revolving door of multiple detentions and aftercare services: Which local authority pays for aftercare after repeated detentions?
9 / Jun / 2021
APPG report brings us another step closer to urgently needed reform on the law and practice of surrogacy
9 / Jun / 2021
The Health and Social Care Reform White Paper 2021 Explained: “Accountability” and the Secretary of State’s Powers
29 / Mar / 2021
High Court affirms parents can consent to medical treatment for transgender children and confirms concurrent consent rights for parents and children
18 / Feb / 2021
Court holds that public sector pension authorities have legal duty to amend statutory pension schemes to remove age discrimination provisions
4 / Jan / 2021
Should doctors be required to make life-and-death choices in an official guidance-free vacuum?
20 / Nov / 2020
Guidance provided by Mr Justice Poole on the proper approach for expert psychiatric reports on capacity in MCA cases
13 / Nov / 2020
Supreme Court holds that suicide and unlawful killing verdicts in an Inquest require proof to a civil standard
13 / Nov / 2020
Supreme Court ends legal challenges over lawfulness of using Avastin Off-label to treat NHS wet AMD patients
2 / Jul / 2020
Decision making, mental capacity and undue influence: Do hard cases make bad – or least fuzzy edged – law?[1]
17 / Jun / 2020
Guidance on approach to be taken in “rolling judicial review” claims and provision of interim support under the Care Act 2014
11 / Jun / 2020
Consent to engage in sex: A Local Authority v JB is a sensible, perceptive and informed way forward on these difficult issues from the Court of Appeal
9 / Jun / 2020
What is the right approach to a dispute resolution procedure between CCGs and local authorities over eligibility for NHS Continuing Healthcare?
2 / Jun / 2020
Does a CCG placement in supported living run a coach and horses through the NHS placing rules?
18 / Dec / 2018
Supreme Court gives strong hint that it may convene larger panel to reconsider Cheshire West tests for deprivation of liberty
15 / Oct / 2018
NHS Continuing Healthcare: The primacy of the experts appointed to the Multi Disciplinary Team and the limited role for the CCG panel
31 / Aug / 2018
Claimants denied costs in Judicial Review proceedings for failing to use the NHS Complaints Procedures
25 / May / 2018
Richard Jackman v Wiltshire CCG: Using the Equality Act 2010 to secure effective treatment for learning disabled adults
29 / Mar / 2018
Judge confirms that a CCG has no legal power to fund a continuing care patient for whom it had no statutory responsibility
6 / Nov / 2017
Medical reviews of former police officers on injury pensions: Is there any duty to provide medical records?
1 / Nov / 2017
The crisis in mental health services – does the fault lie with the NHS contracting system?
11 / Oct / 2017
Hayden J tests the limits of the High Court’s inherent jurisdiction: How far should the IJ be used to restrain unwise decisions made by those with capacity?
29 / Sep / 2017
GP contracts for financial assistance – a reminder of the importance of precise drafting
25 / Sep / 2017
Out of the grounds: when has a patient ‘left hospital’ for the purposes of the aftercare duty in s117 MHA
15 / Aug / 2017
NHS Contract Dispute results in finding that national tariff payable is payable for national tariff services despite “private” agreement to vary price
8 / Aug / 2017