Field Court Chambers
4 Experts
21 Contributions by Field Court Chambers Experts
PRACTICE NOTES
Practice Note
Please note that this Practice Note addresses the law as it presently applies in England. In Wales, the legal position is governed by the Social Services and Well-being (Wales) Act 2014 together with its associated statutory instruments. For further reading and detail, see the Practice Note: Local authority duties to looked after children in Wales. This Note aims to support practitioners in understanding local authority obligations towards children and young people who may qualify for advice and assistance, i.e. relevant children.
The material will be of use to practitioners who:
act on behalf of local authorities
represent parents or guardians in care proceedings involving a child aged 16 or 17
advise looked after young people about the duties owed to them by the local authority
advise on, or prepare for, judicial review of a local authority for failing to fulfil their duties under the different
Local Government
PRACTICE NOTES
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
Local Government
PRACTICE NOTES
This Practice Note explores when an individual living in a care home may postpone paying their fees by entering a deferred payment agreement (DPA), and outlines the measures a local authority should adopt to make sure the DPA offers sound security for the monies advanced. A DPA is a mechanism through which the local authority covers the expense of a person’s care home placement where, absent the arrangement, that person would be liable for those costs. Sums disbursed by the authority build up as a debt, secured against an appropriate asset—most commonly the person’s former home. That liability becomes payable after the person’s death or, if earlier, on the sale of the property or other collateral.
Deferred payment agreements—relevant law
When assessing DPAs, the initial sources to consult are the primary legislation, regulations and guidance. These include:
sections 34 and 35 of the Care Act 2014 (CA
Local Government
PRACTICE NOTES
This Practice Note sets out what the Common Assessment Framework (CAF) is and how it operates, co-ordinating voluntary support for children and their families across multiple services. It explains when a CAF is suitable and when more formal intervention is needed.
What is a Common Assessment Framework (CAF) and when is it used?
A CAF is a shared assessment and planning framework used across all children’s services and in every local area in England. The aims and objectives of the CAF are to:
help practitioners working with children, young people and families to identify and assess additional needs
provide earlier, more effective help to prevent, where possible, formal intervention
develop a common understanding of needs and how to work together to meet them
A core aim is to recognise needs early and arrange multi-agency support to prevent matters reaching crisis point. This is vital given the
Local Government
PRACTICE NOTES
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
Local Government
PRACTICE NOTES
This Practice Note examines the obligations on a local authority towards children in their care, encompassing those subject to care orders, interim care orders, as well as children accommodated voluntarily by the authority pursuant to section 20 of the Children Act 1989 (ChA 1989). It explains the local authority’s duty to safeguard and promote a child’s welfare and to make such services available for children as are reasonable, particularly in relation to placing the child in suitable accommodation and preparing a care plan. Please note, the information in this Practice Note concerns the law as it currently stands in England. The position in Wales is addressed by the Social Services and Well-being (Wales) Act 2014 and the related statutory instruments. For further reading on Wales, see Practice Notes: Local authority powers and duties to provide accommodation for children in Wales, Local
Local Government
PRACTICE NOTES
Part VII of the Housing Act 1996 (HA 1996) establishes the statutory homelessness regime for local housing authorities (LHAs) operating in England and Wales. It outlines the distinct obligations an LHA may owe to different homeless applicants. Inevitably, an LHA requires time to investigate a homeless applicant’s particular circumstances before deciding which duty is owed in law. Certain applicants’ situations are so urgent that accommodation is needed at once, even before the LHA can complete its enquiries. The HA 1996, in defined cases, requires LHAs to secure accommodation on an interim basis. This Practice Note explains the situations in which that interim duty arises and how it is discharged in practice. It also describes the power an LHA has, once its enquiries are concluded, to provide interim accommodation where:
an applicant seeks a review under HA 1996, s 202 of an
Local Government
PRACTICE NOTES
This Practice Note briefly explores how the means test operates when an English local authority (LA) is asked to provide financial help for social care services.
The Care Act 2014
Since the welfare state emerged in the 1940s, LAs have been granted powers and placed under duties as well as responsibilities to deliver care and attention to those in need.
Yet the law evolved piecemeal over time, scattered across a multitude of Acts and statutory instruments, and supplemented by numerous and extensive guidance documents.
The Care Act 2014 (CA 2014) was enacted as a single, comprehensive statute to: bring together and harmonise the existing law; reflect contemporary practice; and implement the recommendations of the Commission on the Funding of Care and Support, chaired by Andrew Dilnot in 2011.
It applies to every English LA...
Local Government
PRACTICE NOTES
This Practice Note clarifies that a local housing authority (LHA) may allocate housing accommodation as it thinks suitable, reflecting the needs of the local community, set out within a published allocation plan. When an application is submitted, it must be examined and a determination reached by applying the published allocation criteria. An applicant is entitled to seek a review of refusals and to be told the outcome on review together with the reasons for it. It also identifies when a challenge is governed by statute, and when it ought to be brought by judicial review.
Applications for housing—decisions
An LHA is required to assess every application for the allocation of accommodation made in line with the procedural requirements of its allocation scheme. So long as it is evident that proper consideration has been given, the court is unlikely to disturb the LHA’s approach. In R (on the
Local Government
PRACTICE NOTES
This Practice Note outlines that the Mental Capacity Act 2005 (MCA 2005) presumes adults have capacity to make informed choices unless proven otherwise. It summarises the principles that steer capacity assessments and a person’s ability to reason through a decision under the MCA 2005, and refers to the Code of Practice for people working with, or caring for, individuals who lack capacity. It addresses the MCA 2005 definition of a person’s best interests where capacity is absent and the protections available to those responsible for their care. It clarifies that the ability to decide is both time‑specific and decision‑specific, and the considerations when evaluating capacity to choose where to live and what care to receive. It further explains that assessments must relate to the specific decision at the material time, rather than a broad, overall
Local Government
PRACTICE NOTES
STOP PRESS:
The Supreme Court decided in R (on the application of Worcestershire County Council) v Secretary of State for Health and Social Care [2023] UKSC 31 that responsibility for section 117 Mental Health Act 1983 aftercare rests with the authority for the area in which the individual was ordinarily resident prior to the admission. This still holds even where accommodation had been arranged by another local authority under an earlier section 117 obligation. For commentary, see News Analysis: Ordinary Residence and Mental Health Aftercare Services (R (Worcestershire County Council) v Secretary of State for Health and Social Care) and Supreme Court confirms duty to provide after-care services ends when a person is re-detained for treatment (R (on the application of Worcestershire County Council) v Secretary of State for Health and Social Care), LNB News 10/08/2023 41. A local authority is also under a duty to
Local Government
PRACTICE NOTES
This Practice Note offers a high-level outline of a lasting power of attorney (LPA) for property and financial affairs and why it matters to a local authority practitioner. It looks at how LPAs affect the delivery of services and care to people who lack capacity; scenarios where no attorney is in place, where you might consider stepping into that capacity, and when an application to the Court of Protection could be required. It also explores additional responsibilities a local authority may owe to an incapacitated person. Finally, the Practice Note provides a synopsis of financial safeguards, including attention to financial abuse...
What is a property and financial affairs LPA?
This form of power of attorney (LPAPFA) concerns the handling of an individual’s finances when they do not have the mental capacity to manage their own affairs. The donor (the person creating the power) may appoint one or more
Local Government
PRACTICE NOTES
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
Local Government
PRACTICE NOTES
This Practice Note explains the rules on qualification for the allocation of housing by a local housing authority (LHA) in England, brought in by the Localism Act 2011 (LA 2011) and inserted into the Housing Act 1996 (HA 1996). It is not relevant to Wales. It sets out the general allocation framework, issues affecting the armed forces, the right to move, and also how these elements interact. Through LA 2011, significant changes were made to HA 1996, Part VI, which governs the allocation of social housing. A key change, applying in England only and not in Wales, was the creation of a concept of ‘qualification’ for allocation, alongside ‘eligibility’. Accordingly, in England, a person who meets eligibility criteria for an allocation (broadly, by holding the requisite immigration status—see Practice Note:
Local Government
PRACTICE NOTES
Reasonable preference
A local housing authority (LHA) must operate an allocation scheme that sets out how priorities are decided and describes the processes to be used when allocating accommodation. That scheme has to be designed to provide reasonable preference to applicants who come within the reasonable preference groups. The obligation to ensure that preference is given to applicants in these groups is the primary statutory requirement placed on LHAs regarding overall prioritisation, and it rests on the applicant’s housing need...
Local Government
PRACTICE NOTES
The allocation of social housing by local housing authorities (LHAs) in England and Wales is regulated by Pt VI of the Housing Act 1996 (HA 1996).
HA 1996 brought together all prior statutes on the provision of social housing and has subsequently been substantially revised by the Homelessness Act 2002 (HA 2002), the Housing and Regeneration Act 2008, the Localism Act 2011 (LA 2011), and the Housing (Wales) Act 2014. Further amendments have been made through the following statutory instruments:
Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010, SI 2010/866
Housing Act 1996 (Additional Preference for Armed Forces) (England) Regulations 2012, SI 2012/2989
Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013, SI 2013/630
Anti-social Behaviour, Crime and Policing Act 2014 (Consequential Amendments) (Wales) Order 2015, SI 2015/1321
Pt VI of HA 1996 (allocation) and Pt VII
Local Government
PRACTICE NOTES
This Practice Note outlines guidance on the standards expected of accommodation provided by a local housing authority (LHA) when fulfilling its housing duty under Part VII of the Housing Act 1996 (HA 1996), including how suitability is evaluated. For details on how an applicant might challenge suitability, see Practice Note: Homelessness review and appeal. Statutory guidance was published on 22 February 2018 to align with the commencement of the Homelessness Reduction Act 2017 on 3 April 2018, and is updated on a regular basis. Throughout this Practice Note, that guidance is termed the ‘Homelessness code of guidance for local authorities’ (the Code).
Discharging the housing duty
All accommodation arranged by an LHA in performance of its housing duties under HA 1996, Pt VII must be suitable. This includes accommodation obtained in exercise of an LHA’s interim powers and duties, such as the duty in HA 1996, s
Local Government
PRECEDENTS
[ GP OR Doctor ]
Dear Dr [ insert name ]
Client nameClient addressClient date of birth
I represent [ insert client’s name ] in connection with a lasting power of attorney (LPA) for their health and care. I seek to determine whether they possess the necessary mental capacity to sign and execute the document, and I understand that you are their general practitioner (GP)/medical practitioner.
For this assessment, the person should be able to clearly show they can comprehend the information relevant to reaching the decision at hand, fully. In this context, that covers:
what a lasting power of attorney is
their reasons for creating a lasting power of attorney
whom they are appointing and the reasons for that appointment, and
which powers they are granting to their attorney
They must also appreciate that the document requires proper
Local Government
PRECEDENTS
[ GP OR Doctor ]
Dear Dr [ insert doctor’s name ]
Client name
Client address
Client date of birth
I represent [ insert client’s name ] in arranging a lasting power of attorney (LPA) concerning their financial decisions. An LPA is a formal document that enables an individual to nominate one or more people to take decisions on their behalf if they become unable to do so because of mental incapacity or other circumstances. I would be obliged if you could assist by preparing a report to confirm whether they possess the necessary mental capacity to sign an LPA for financial affairs...
Local Government
CHECKLISTS
This checklist outlines recommended actions and practical steps that a local authority (LA) could take to avoid the undue build-up of social care debt by service users.
Prevention
Preventing the accumulation of debt is the crucial priority. Below are proposed measures for the client department of an LA to adopt so liabilities do not progress to formal legal action, or to make early recovery activity simpler:
Gather thorough details at the outset of the process. Obtain as much financial evidence as possible, including copies of bank statements, DWP correspondence, and so on...
Local Government
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