Legal Guidance and Research / Experts / Jonathan Auburn
Jonathan Auburn#177
LinkedIn External Chmaber

Jonathan Auburn

11 King's Bench Walk
Jonathan has a large practice in all areas of community care law (adults and children), healthcare, mental health and mental capacity law for both local authorities and individuals. Jonathan is rated by Chambers and Partners as the leading ranked junior for community care work. He is also highly ranked for Administrative & Public Law, Local Government Law and Education Law. He has acted in the most important recent cases, including R (KM) v Cambridgeshire CC (Supreme Court) and Westminster CC v SL (Supreme Court). This year he brought successful challenges to the government’s administration of its new benefit, Personal Independence Payments, in R (C and W) v Secretary of State for Work and Pensions, and to local authority charging policies, in R (KM) v Northamptonshire CC. Jonathan has also recently acted in reported cases on care home funding disputes, age assessment disputes, mental capacity cases and SEN cases. He is a co-author of OUP’s new practitioner’s text Judicial Review: Principles and Procedure (2013) and edits the White Book.

Practice Areas

Panel

  • Contributing Author

Qualified Year

  • 1999

Membership

  • Administrative Law Bar Association

Education

  • BCL (Oxon), D.Phil (Oxon)

3 Contributions by Jonathan Auburn

Alternative adult social care provision and funding: local authority duties, charging, direct payments, benefits and equity release (England)
PRACTICE NOTES
Alternative adult social care provision and funding: local authority duties, charging, direct payments, benefits and equity release (England)
Alternative care People with care and support needs can receive assistance from family members, friends and other relatives as part of a holistic package tailored to meet those needs. This support may sit alongside, or even replace, help from the local authority (LA). Where LAs consider that an adult may have eligible care and support needs, they must carry out an assessment to determine whether such needs are present, and the nature of the support required. In R (on the application of Antoniak) v Westminster City Council, the High Court clarified the meaning of ‘needs’ within Part 1 of the Care Act 2014 (CA 2014). When conducting a needs assessment under CA 2014, the exercise is to assess an individual’s needs without reference to the help and support they already receive. A need that is currently met is nevertheless still a ‘need’. See News Analysis: The meaning of ‘needs’ under the Care Act 2014 (R (Antoniak) v Westminster City Council). Where an adult has needs, and those needs satisfy the prescribed eligibility criteria, their LA may elect to meet them, or may in some circumstances be under a duty to do so...
Local Government
England: Local authority care home placements—preferred accommodation, charging and top-ups, property disregards, deferred payment agreements, CQC registration, and housing benefit for temporary or trial stays
PRACTICE NOTES
England: Local authority care home placements—preferred accommodation, charging and top-ups, property disregards, deferred payment agreements, CQC registration, and housing benefit for temporary or trial stays
A local authority is under a duty to properly arrange a placement in an adult’s preferred accommodation for anyone assessed as having eligible care and support needs, provided specific qualifying conditions are satisfied. Where the authority does so, the adult may, following an assessment of their income and capital, have to contribute towards the overall ongoing placement costs. An individual can be accommodated in a setting that is a care home, whether either licensed or unlicensed. If an older or vulnerable person needs a high level of support from the local authority, a residential care home may be the most appropriate option. Definition of a local authority care home A local authority care home in England provides accommodation together with personal or nursing care, including emotional or psychiatric care, for people who: are or have been ill have or have had a mental disorder are disabled or infirm are or have been dependent on alcohol or drugs Registration of care homes Accommodation regarded as a care home must be registered with the Care Quality Commission (CQC) in the name of the manager responsible for running it. Homes must meet the applicable national minimum standards and registration is only granted to...
Local Government
Remaining at Home: Assessments, Eligibility, Care Planning, Direct Payments and Remedies under the Care Act 2014 (England)
PRACTICE NOTES
Remaining at Home: Assessments, Eligibility, Care Planning, Direct Payments and Remedies under the Care Act 2014 (England)
Individuals requiring care and support might have to relocate to accommodation better suited to their needs and circumstances. With appropriate assistance from the local authority, some may remain in their own accommodation instead. The Care and support statutory guidance confirms that ‘independent living’ sits at the heart of ‘promoting wellbeing’, which is the Care Act’s primary purpose. Enabling people to live as autonomously as possible, for as long as possible, is a fundamental principle of the Care Act 2014 (CA 2014)... Community care assessments A local authority is obliged to assess the needs of any adult it believes may require care and support. Authorities are expected to apply a low threshold when deciding whether to undertake assessments in the first place. After completing an assessment, the authority must consider it in full and decide which services, if any, are needed to meet the person’s needs. Where an adult’s needs meet the eligibility criteria, the authority may elect to meet them, or in some circumstances be under a duty to do so. See Practice Note: Care and support needs assessments...
Local Government
Expert page AD
If you expected to see yourself on this page, click here.