edwards v national coal board decision

We wouldn’t have had the mental or physical strength to continue […], “CASCAIDr has made me realise that you’re not alone out there, and that local authorities WILL listen to you if you have CASCAIDr’s support and backing. We’re happy with whatever amount a person can afford, even if it’s just £10.00, especially if it can come in a little and often, we’re in it for the long term and need to keep going.

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So if someone refuses you the chance to be assessed, this is what to say: I believe that the Care Act imposes a duty on councils to assess people’s needs if there is merely […], If a council or a CCG says this, they are treading on very thin ice, these days. So it’s moving and something is happening; we got the wheels turning and not without your help.

With their help and expertise we got the support we were asking for – so we moved from no help to what we wanted. CASCAIDr’s advice has secured acknowledgement of […], A parent with a severely disabled adult daughter found everyone agreed that the council’s arrangements weren’t working – but nobody seemed to be doing anything about it. CASCAIDr’s advice to the man’s mother led her […], A woman has 24hr care in her home as a tenant, in a care package not reviewed for YEARS. Date of decision: 26 Sep 2019 What happened Mr B complained about the way Westminster City Council (the Council) dealt with his homelessness case. With your help we were absolutely delighted to be awarded compensation from the LA for previous botched assessments. Please share: JP was awaiting services for a brain injury for 12 months. Mrs B […], CASCAIDr – the All Adults’ Care and Health specialist legal advice charity – is compelled to go into a different mode for the duration of the Coronavirus crisis. Edwards v National Coal Board [1949] 1 All E. R. 743. It helped to show them that the points we were making about R were valid, and made a case for R to attend the education trust for an additional two days. This content requires a Croner-i subscription. risk test.

It’s been such a long and stressful haul that I’m […]. CASCAIDr advice was that s2 LGA negated the […], If someone goes completely blind and then later deaf (it happens) s/he can become completely dependent on technology, human help and courage to get through daily living, although remaining fully mentally capacitated. On CHC review, disputed DST domain scores were decided by the Panel itself, and the Rationale was not signed. Lifeways (a care provider looking after people with complex care needs, including those with a learning disability, autism and […], This case concerned the application of one of the criteria for Personal Independence Payment: ‘Engaging with other people face to face’, a type of need that occurs most commonly amongst those with mental health needs and/or neurodevelopmental conditions (such as Autism). I’m going to write a letter to social services. are not exposed to risks to their health and safety from the A pre-action protocol letter from a solicitor to […], An exhausted carer asked a council for a carer’s assessment and was found eligible – but offered only a small sum of money as the Take it or Leave it Response. As a city, we are eternally grateful for the knowledge that you […]. The council is now funding two […], “[After support with an LGO complaint about charging and disability related expenditure] Here is the wonderful result so far. It costs just 10p per donation (and 1.4% of the amount goes to the card company.) We were handed an ultimatum to make a direct payment of £900.00 to a private ambulance firm or my father would not be discharged from hospital and transported to the waiting care home out of area. Edwards v National Coal Board [1949]  All ER 743 (CA), Reasonably practicable – definition, The lack of diagnosis for Beth, meaningful intervention and management set Beth on a pathway that was foreseen as poor and ended inevitably […], … is a fantastic judgment from the Court of Appeal (announced 3 October 2019) about the parallel statutory duties owed by a local authority under the Care Act 2014 and the Children and Families Act 2014, and the overlapping Tribunal and JR routes to a remedy for breach of these Acts. Package Deals are equally tax deductible, because the membership fee means you’re buying actual benefits, and all the money goes into the Charity’s funds. Major donations really improve the amount of assistance we can provide to those with care and support-related public law legal problems. The parent was sent hither and thither to look at hopelessly inadequately provisioned settings and told No, regarding a placement that WAS apparently suitable – with no other […]. We managed to persuade them to change their minds ! […]. Your reply has helped confirm the government has succeeded […], “Thank you so much for your extensive reply. I’ve read a lot online about CHC in the last two years, but still I do not understand what constitutes the legal limit of Social Services! I thank you deeply for taking the time to […], “I cannot give enough praise to CASCAIDr! In […], CASCAIDr’s written a guide about going to hospital, visiting, getting a ventilator and getting out of hospital for people who run care homes and the wider public, for reference and use during the Coronavirus crisis. Whatever the basis of your business, we’d be just as happy if you took out a Package Deal if you’re a lawfirm, health/social care/support provider, support broker or advocacy organisation. having tried the newspapers vs CASCAIDr, the choice is clear to many, Good Administrative Practice during the response to Covid 19 – from the Local Government Ombudsman – with legal commentary from CASCAIDr, CASCAIDr’s Q&A session, live with CoProduce Care 30/04 2020, R (on the application of WP (POLAND)) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2020), Attention: care home owners – support for doing the right thing for Covid-19 patients and their families, UNIVERSITY COLLEGE LONDON HOSPITALS NHS FOUNDATION TRUST v MB (2020), Local Government and Social Care Ombudsman Housing Decisions, Training Offer for the Coronavirus crisis period, CASCAIDr’s Translation of the Easements Guidance, Article 8 of the European Convention on Human Rights – The right to respect for all things close to heart and home including during the Coronavirus crisis, Provider (commissioned by Bristol County Council) at fault for not following emergency procedure and failing to provide care for one night (relevant to Coronavirus scenarios), Our approach to the Coronavirus Crisis – what CASCAIDr can do for you, Keeping calm about the Care Act, during the crisis, The Coronavirus Act and its impact on the Care Act, Three LGO decisions focused on autism highlight some potentially relevant issues for public authorities, Solihull Metropolitan Borough Council at fault for failure to FUND a supported housing placement for a s117 client, CASCAIDr’s Highs (and stats) from Year Two…, London Borough of Hammersmith & Fulham at fault for delays in reviewing care and the carer’s and client’s packages, Westminster Council found to be at fault in relation to how its delegate handled a homelessness applicant, Overview of the report into the seclusion of a young woman called Bethany, whose father brought her plight in a private hospital commissioned by the NHS, to national attention, in 2019, R (on the application of CP by her father and LitF, JP) v NE Lincolnshire Council, CQC’s ‘no more than 6 people in a care home’ policy target scrutinised by a Tribunal, Secretary of State for Work and Pensions v MM (Scotland) [2019], A considered riposte to the question posed by Peter Feldon “If unmet need is so rife, why are there so few complaints about it?”, Analysis of concerns of Human Rights Watch – with CASCAIDr comments on top.

Book a demo. Talk to us on. time, trouble or money) is placed in the other and that, if it be You saved my sanity and […]. Manual handling – health and safety – meaning of reasonably practicable. [3], https://en.wikipedia.org/w/index.php?title=Edwards_v_National_Coal_Board&oldid=974480851, Court of Appeal (England and Wales) cases, Creative Commons Attribution-ShareAlike License, This page was last edited on 23 August 2020, at 09:14. Please share: Under the threat of Judicial Review, on which CASCAIDr assisted, a Council has now agreed to complete a full care and needs assessment of x’s needs, produce a care plan, not make any reductions to her care package pending completion of both, and carry out a review before Xmas…. Miss Y had severe learning disabilities, and Mrs X was the appointee for Miss Y’s benefits. We’d really appreciate your sign-up for automated ongoing contributions – monthly is how that works. The Care Act says […], “…And if that’s not enough, well then, we guess that you’ll be withdrawing your request for a direct payment, yes? It makes all the difference to know that CASCAIDr are there […], “Councils are very strapped for cash at present and  often act illegally or unreasonably in trying to cut Direct Payment budgets. I again thank you, the report helped me focus […], “Just wanted to say thank you for everything. Edwards v National Coal Board [1949] 1 All ER 743 (CA) Manual handling – health and safety – meaning of reasonably practicable. The support and advice from CASCAIDr has been particularly useful for people in receipt of statutory funding (and their families) who find themselves in a situation where their statutory funding is in danger of […]. This case established the concept of "reasonable practicability." Filters. […], As promised, CASCAIDr’s translation or ‘alternative’ interpretation of DHSC’s guidance on the Care Act modifications. mitigate the risk. Or £2 a year per client, if you are a private for-profit provider?

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