CARE ACT ASSESSMENT

September 16th, 2026 by James Goudie KC in Social Care

The principal issue arising on the appeal in R ( TDB ) v HARINGEY LBC ( “)”^ ) EWCA Civ 1184 is whether the local authority is required to carry out an assessment of the appellant’s capacity under the Mental Capacity Act 2005 BEFORE completing its Care Act assessment. The answer ( para 91 and following ) is “ Yes “, “ whenever there is reason to doubt the capacity of a person “ whose needs for care and support are being assessed. The capacity assessment is to be carried out by an appropriately qualified professional.

 

CHILDREN

July 1st, 2026 by James Goudie KC in Social Care

A Welsh Government Consultation, issued on 1 July 2026, for response by 23 September 2026, seeks views on proposed subordinate legislation supporting the move of children’s social care in Wales to a not-for-profit model.

 

POST BREXIT BENEFITS

June 11th, 2026 by James Goudie KC in Social Care

Rights acquired under the EU-UK WITHDRAWAL AGREEMENT by an EU citizen are NOT necessarily lost by acquisition of British nationality. So held in SoS for Work & Pensions v KLQ (2026) UKUT 156 ( AAC ).

 

CHILDREN

May 22nd, 2026 by James Goudie KC in Social Care

The Department for Education has on 21 May 2026 published “ Delivering the children’s social care reset – an implementation plan for local partners : 2026-2029 “. On the reform of children’s social care and child protection.

 

CHILDREN

May 11th, 2026 by James Goudie KC in Social Care

Part 1 of the CHILDREN’S WELLBEING AND SCHOOLS ACT 2026 relates to Children’s Social Care, including family group decision-making ( Section1), child protection and safeguarding (Sections2-4), support for children in care, leaving care or in kinship care and carers (Sections 5-10), accommodation of children (Section 11), regulation of children’s homes, fostering agencies etc (Sections 14-20), care workers (Sections 21/22), corporate parenting (Sections 23-27) and employment of children (Sections 28/29). Part 2 relates to Schools, including school meals (Sections 30-33) and children not in school (Sections 37-42). Part 3 relates to online safety etc.

 

COMMERCIAL PROVIDERS OF RESIDENTIAL ADULT CARE HOMES : RATES TO BE PAID FOR PROVISION AND CONSULTATION

April 21st, 2026 by James Goudie KC in Social Care

A breach of the WELSH CODE OF PRACTICE on Commissioning Care and Support is a PUBLIC LAW challenge amenable to JUDICIAL REVIEW : so held in HEART OF WALES CARE LTD & others v SWANSEA CITY COUNCIL ( 2026 ) EWHC 899 ( Admin ).

 

SALE OF CARE HOMES

April 14th, 2026 by James Goudie KC in Social Care

In R ( Hughes ) v Kirklees Council ( 2026 ) EWCA Civ 306 the Court of Appeal confirms the lawfulness of the Council’s decision to sell 2 adult care homes to a private provider. The Council’s use of figures that had not been updated was not (significantly) misleading. The cost savings were significant even on the updated figures.

 

COMPLAINTS

March 26th, 2026 by James Goudie KC in Social Care

The Local Government and Social Care Ombudsman has on 25 March 2026 published BEST PRACTICE GUIDANCE to help ADULT SOCIAL CARE PROVIDERS deliver fair, transparent and accountable complaints handling, particularly for SELF-FUNDING CARE USERS>

 

PARENTAL RESPONSIBILITY

March 24th, 2026 by James Goudie KC in Social Care

In conjoined appeals ( 2026 ) EWCA Civ 344 the Court of Appeal rules that the definition of “father “ in Sections 2 & 4 of the Children Act 1989 is confined to the common law definition. Only a child’s genetic or biological father can be regarded in law as the father. No parental responsibility is acquired by an individual registered as “ father “ who does not satisfy that definition.

 

LOCAL AUTHORITY CHILDREN:S SERVICES

March 23rd, 2026 by James Goudie KC in Social Care

OFSTED has updated GUIDANCE in relation to INSPECTIONS of local authority children’s services, taking effect in April 2026.