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Holding the decision-maker to account
- Author:
- SCHWEHR Belinda
- Journal article citation:
- Community Living, 24(4), 2011, pp.8-9.
- Publisher:
- Hexagon Publishing
Decisions that councils are making are focused on social care cuts and are either mandatory or discretionary under Acts of Parliament or through regulations. English law suggests that these can be challenged in the courts, so that the State is properly accountable. This means that a service user can get a decision scrutinised, and potentially wiped out, if it is found to be unlawful in any one of four ways – meaning the authority has to re-make the decision in a lawful manner. This article describes the four grounds for a judicial review of social care decisions, and presents some ways of obtaining funding to help finance the legal process.
Managing change: how we can help service user trustees to cope
- Author:
- HAMMOND Tracy
- Journal article citation:
- Community Living, 24(1), Autumn 2010, pp.22-23.
- Publisher:
- Hexagon Publishing
Recently, the charity KeyRing underwent a restructure that saw a period of significant change for the organisation. As many organisations they have recently involved service users on their board of trustees. The author shares some of her own organisation's lessons from this time. The article explores the challenges service user trustees will have to face when participating in the services they have discussed as a trustee, such as maintaining confidentiality. It examines the training needed to enable user trustees to take part in the full decision making process. It details stress management practices necessary for service user trustees to ensure they are quipped to make good decisions. The author concludes that the resources invested in good support for trustees will result in better and more representative decisions, coupled with a lower turnover of trustees.
The legal framework of personalisation
- Author:
- SCHWEHR Belinda
- Journal article citation:
- Community Living, 24(1), Autumn 2010, pp.24-25.
- Publisher:
- Hexagon Publishing
Both central and local government has, in recent years, done much to transform adult social care in England. These improvements include personalisation, common resource allocation, ordinary residence, direct payments, mental capacity and access to care. The subject of resource allocation has, in particular, occupied the courts. This article, using recent case history, examines the legal principles of assessment and support planning. It discusses wants verses needs, before highlighting what a client can buy with respect to care services. It explores the decision making process in practice and principle, and notes that decision makers must address any human rights affected by those decisions. In ending, the article outlines the duty to give reasons for all decisions by local authorities.
Decisions, decisions – establishing a legal framework around decision making
- Authors:
- ELSMORE Susan, PICTON Alison
- Journal article citation:
- Community Living, 23(2), 2009, pp.20-23.
- Publisher:
- Hexagon Publishing
The first of two articles by SCIE staff on the Mental Capacity Act 2007 (MCA), this is an overview of key provisions relating to the practice of health and social care, by staff and unpaid carers, with people who have learning disabilities. Previously, there was no dedicated legislation on mental capacity in England and Wales and dependence on good practice and common law led to inconsistencies. MCA safeguards decision making by defining a legal framework which empowers people to make their own decisions, while people who lack capacity are protected by the framework’s flexibility to place them at the heart of decision making, managed by others. Equally important is MCA’s emphasis on planning ahead for when an individual might lack capacity, thereby ensuring their decision is honoured in the future. A lack of capacity can be caused by, stroke or brain injury, mental health problems, dementia, learning disabilities, substance misuse and confusion, drowsiness or unconsciousness because of an illness or it’s treatment. Five key principles of MCA, a two-stage functional test of capacity, ‘best interests’, new roles, bodies and powers such as LPAs (lasting powers of attorney), the Court of Protection and Deputies and the new criminal offence that is the wilful neglect or ill treatment of a person who lacks capacity and three case studies illustrating good practice within MCA are described.
Sexual offences - no decision is a decision
- Author:
- THOMPSON David
- Journal article citation:
- Community Living, 20(2), November 2006, pp.12-14.
- Publisher:
- Hexagon Publishing
It is ethically indefensible to ignore suspected sexual offences committed by men with learning difficulties. Past research had found that learning disability services often failed to make decisions precisely because they were so difficult. This article looks at the issues and considers whether research and legal developments, particularly the Sexual Offences Act 2003 and the Mental Capacity Act 2005, provide a more robust and defendable basis for the decision required. The author concludes that the current framework had made decision making easier.
Changes to capacity Bill leave too many loopholes
- Author:
- ASPIS Simone
- Journal article citation:
- Community Living, 17(4), May 2004, p.5.
- Publisher:
- Hexagon Publishing
Looks at recent changes made to the Mental Capacity Bill. Looks at the existing weaknesses in the Bill and argues that the concerns many people with learning difficulties had about the Bill dealing with decision making for 'incompetent persons' have not been addressed.
Draft Incapacity Bill does not protect people's human rights
- Author:
- -
- Journal article citation:
- Community Living, 17(2), 2003, pp.10-11.
- Publisher:
- Hexagon Publishing
People First, an organisation run by people with learning difficulties, comment on the Scrutiny Committees report on the Government's Draft Incapacity Bill. Stresses that people with learning difficulties must have support to make their own decisions to prevent abuse by other people.
Making decisions gets the thumbs down from the National Forum
- Author:
- HOLMAN Andrew
- Journal article citation:
- Community Living, 16(1), 2002, pp.4-5.
- Publisher:
- Hexagon Publishing
The Lord Chancellor's Department consultation on Making Decisions has caused controversy among interested groups. Provides an update on recent developments.
No recognition for independent advocacy
- Author:
- ASPIS Simone
- Journal article citation:
- Community Living, 16(1), 2002, pp.10-11.
- Publisher:
- Hexagon Publishing
Briefly reports on the shortcomings in Making Decisions, especially the lack of access to an independent advocate.
Is what you need what you really want?
- Author:
- STEVENS Simon
- Journal article citation:
- Community Living, 15(3), 2002, pp.9-10.
- Publisher:
- Hexagon Publishing
Need is good and want is bad is the first lesson of care manager, says the author. But when it comes to the supply of personal care products, shouldn't disabled people be involved in choosing them? However argues that disabled people should be involved in choosing their own personal care products.