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.
Subscribe
Get an email when we publish a new post on this blog. We’ll never share your email and you can unsubscribe any time. Our use of your details is explained in our privacy policy.
"*" indicates required fields
Headings
- Best Value (13)
- Capital Finance and Companies (69)
- Council Tax and Rates (89)
- Decision making and Contracts (305)
- Elections and Bylaws (42)
- Environment, Highways and Leisure (148)
- General (31)
- Housing (184)
- Human Rights and Public Sector Equality Duty (129)
- Judicial Control, Liability and Litigation (265)
- Land, Goods and Services (92)
- Local Authority Powers (82)
- Non Judicial Control (24)
- Planning and Environmental (212)
- Social Care (97)
- Standards (26)
Disclaimer
This blog is maintained for information purposes only. It is not intended to be a source of legal advice and must not be relied upon as such. Blog posts reflect the views and opinions of their individual authors, not of chambers as a whole.
CHILDREN
July 1st, 2026 by James Goudie KC in Social CareA 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 CareRights 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 CareThe 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 CarePart 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 CareA 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 CareIn 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 CareThe 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 CareIn 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 CareOFSTED has updated GUIDANCE in relation to INSPECTIONS of local authority children’s services, taking effect in April 2026.