Journal of Integrated Care, 18(5), October 2010, pp.25-28.
Publisher:
Emerald
Under supported living packages for people with learning disabilities, accommodation is provided by a private landlord or housing association by means of a tenancy. Care is provided by a domiciliary care agency. Registration as a care home is not required provided that there is not an establishment which provides accommodation together with nursing or personal care. The tenant pays rent and is eligible to claim Housing Benefit. The local social services authority may be required to fund the care package. The safeguards that apply in registered care homes do not apply in the same way to supported living arrangements. In this article the author discusses the legal position of supported living arrangements for people with learning disabilities with reference to a recent case which was heard in the Family Division of the High Court (sitting as the Court of Protection). The young man with learning disabilities was removed by a local council from the home he shared with his long term carer, a former foster parent. He was initially placed in a care home and then in a supported housing project. As well as the question of whether there had been a deprivation of liberty in this case, the court also considered the validity of the tenancy and whether the arrangements constituted a ‘care home’, such that registration under the Care Standards Act would be required. The author suggests that the legal framework underpinning supported living arrangements for people who lack capacity is likely to come under closer scrutiny.
Under supported living packages for people with learning disabilities, accommodation is provided by a private landlord or housing association by means of a tenancy. Care is provided by a domiciliary care agency. Registration as a care home is not required provided that there is not an establishment which provides accommodation together with nursing or personal care. The tenant pays rent and is eligible to claim Housing Benefit. The local social services authority may be required to fund the care package. The safeguards that apply in registered care homes do not apply in the same way to supported living arrangements. In this article the author discusses the legal position of supported living arrangements for people with learning disabilities with reference to a recent case which was heard in the Family Division of the High Court (sitting as the Court of Protection). The young man with learning disabilities was removed by a local council from the home he shared with his long term carer, a former foster parent. He was initially placed in a care home and then in a supported housing project. As well as the question of whether there had been a deprivation of liberty in this case, the court also considered the validity of the tenancy and whether the arrangements constituted a ‘care home’, such that registration under the Care Standards Act would be required. The author suggests that the legal framework underpinning supported living arrangements for people who lack capacity is likely to come under closer scrutiny.
Subject terms:
law, learning disabilities, legal proceedings, mental capacity, supported living, vulnerable adults, case studies, Court of Protection;
Journal of Integrated Care, 11(4), August 2003, pp.12-16.
Publisher:
Emerald
Supporting People has raised new issues relating to 'ordinary residence', as people with learning difficulties move from care homes to supported living schemes. Examines the legal background and the factors which can determine where a persons is 'ordinarily resident' and which local authority is responsible for providing community care services.
Supporting People has raised new issues relating to 'ordinary residence', as people with learning difficulties move from care homes to supported living schemes. Examines the legal background and the factors which can determine where a persons is 'ordinarily resident' and which local authority is responsible for providing community care services.
Subject terms:
law, learning disabilities, local authorities, placement, residents, social care provision, supported living, community care, financing;