social care

There are 8 posts tagged social care (this is page 1 of 1).

A sensible approach to the scope of human rights

One of the things that sometimes concerns me is what in the past I’ve called “human rightsism“: the tendency to think all social problems should be cast and resolved in terms of human rights. It’s related I think to seeing human rights as applying to everything; and in practical legal terms, to seeing Convention rights […]

November 11, 2011 | 4 Comments

Supreme Court judgment: R (MacDonald) v Kensington & Chelsea

Because of bladder problems, Elaine McDonald needs to go to the toilet several times during the night; and because of mobility problems, she can’t get there safely on her own. Kensington & Chelsea have decided that her needs can be met by the use of incontinence pads, which is about £22,000 a year cheaper than […]

in Uncategorized | July 7, 2011 | 1,535 Words | 1 Webmention | 4 Comments

The Christian Institute and the case of the "sacked" foster carer

Both the Telegraph and the Daily Mail reported earlier this week about an evangelical Christian who’s been taken off the fostering register by her local authority after a sixteen-year-old girl, brought up as a Muslim, converted to Christianity and was baptised while in her care. The foster mother is now apparently considering legal action, presumably […]

in Uncategorised | February 13, 2009 | 602 Words | 6 Comments

Lords Judgment: R (Wright) v Secretary of State for Health

The House of Lords gave judgment yesterday in this human rights judicial review about provisional listing under Part VII of the Care Standards Act 2000, which sets up a scheme for “listing” people thought unsuitable to work with children and vulnerable adults – and preventing those listed from working in a care position. Before I […]

in Uncategorised | January 22, 2009 | 1,009 Words | 1 Comment

Lord Lester on the government’s plans

Lord Lester also spoke in Tuesday’s debate, and although he didn’t give a full explanation of why he resigned from his role as a government adviser recently, he did give some clues. He obviously hoped for a much more radical approach to reforming the prerogative, in particular, than the government plans. Fair enough, in some […]

in Uncategorised | November 20, 2008 | 282 Words | 1 Comment

Joyce v Health Secretary

As the lawyer responsible for Part VII of the Care Standards Act, I’m glad that this attempt has failed to limit the misconduct that can be taken into account by the Care Standards Tribunal on an appeal by a person listed as unsuitable to work with vulnerable adults. The system works as follows: when a […]

in Uncategorised | August 8, 2008 | 453 Words | 3 Comments

Functional public authorities under the Human Rights Act

Jut over a year ago, the Lords settled the debate about whether care homes carry out functions of a public nature, and so are public authorities subject the the Human Rights Act; it decided, in YL v Birmingham, that they don’t, and aren’t. But that wasn’t the answer the government had wanted, and they’re going […]

in Uncategorised | July 1, 2008 | 521 Words | 1 Comment

The Human Rights Act and Care Homes: the rightsists strike back

I’ve just heard Andrew Dismore, chair of the Joint Committee on Human Rights, speak in support of his ten minute rule bill which aims to “clarify” the meaning of “public function” of the Human Rights Act 1998. What he actually wants to do is reverse the effect of the Lords’ judgment in YL v Birmingham […]

in Uncategorized | December 18, 2007 | 332 Words | 2 Comments