Care and maintenance meaning

Simkova v Secretary of State for Work and Pensions [2025] UKSC 41 What are the practical implications of this case? First, it is settled that EU nationals living in the UK, whose children reside in an EU member state, cannot receive the Universal Credit child element for those children. This holds even where the parent pays towards the children’s maintenance and support, notwithstanding the realities of cross‑border family life. Second, the judgment shows the courts continue to grapple with dense EU law even after Brexit, specifically in areas where the UK‑EU Withdrawal Agreement preserves direct effect. It underscores the ongoing need to interpret and apply those preserved rules when they bear on disputes arising in the domestic benefits system, for cases such as this. Third, this appeal did not give the Supreme Court an opportunity to define the scope of its discretion to seek a CJEU ruling on a question under Part Two of the Agreement concerning citizens’ rights. That discretion applies only to proceedings...

In this issue: Practice and procedure Financial provision Private children Public children International children LexTalk®Family: a Lexis®Nexis community Daily and weekly news alerts Updated content New Q&As New legislation Useful information Practice and procedure UKSC Deputy President gives speech on the law and AI On 30 November 2023, Lord Hodge, Deputy President of the Supreme Court, delivered an address at De Montfort University, Leicester, on the relationship between the law and artificial intelligence (AI). He underlined the imperative to reshape legal rules to recognise and regulate emerging technologies, and pointed to the opportunities these innovations offer to strengthen both the legal and justice systems. See: LNB News 03/01/2024 44. Survivors of domestic abuse and their lived experiences with temporary ‘safe’ accommodation in England The Office for National Statistics has released qualitative research examining survivors’ experiences of accessing, living in, and moving on from temporary ‘safe’ accommodation in England. MoJ...

In this issue: Children's social care Public procurement Social housing Governance Social care Local government finance Education Healthcare Planning Daily and weekly news alerts New and updated content Latest Q&A Children's social care Supreme Court dismisses appeal upholding care order procedures (The Father v Worcestershire CC) In The Father v Worcestershire County Council [2025] UKSC 1, the Supreme Court rejected the father’s challenge to the care order that placed his children with foster carers. He had applied for a writ of habeas corpus, asserting the order was made without jurisdiction and that the children were unlawfully deprived of their liberty. The Court of Appeal had already refused his bid, indicating that any objection to a care order must be pursued using the mechanisms in the Children Act 1989 and the Family Procedure Rules, not via habeas corpus. The Supreme Court endorsed that approach, noting the children were not detained but living...

This Practice Note outlines the concept of parental responsibility for children under section 3 of the Children Act 1989 (ChA 1989). It describes what sits within the scope of parental responsibility and how the courts have read this concept in connection with matters such as education, religious upbringing, consent to medical treatment, changing a child’s surname, and removing a child from the jurisdiction. Definition Parental responsibility relates to the care and raising of a child until they reach adulthood. Under the ChA 1989, parental responsibility comprises all the rights, duties, powers, responsibilities and authority that, in law, a parent holds in respect of their child and the child’s property. It also embraces the rights, powers and duties that a guardian of the child’s estate (appointed before the ChA 1989 commenced) possessed in relation to the child’s property. Those rights extend to receiving or recovering, in the guardian’s own name for the child’s benefit, property of any description and wherever located to which the child is entitled to receive...

This Practice Note addresses matters concerning the aids and appliances a claimant may need as a consequence of their injuries. The claimant must show that any aids and equipment sought meet a genuine medical or therapeutic requirement and are reasonably necessary. Where the claim is sizeable, opinion from an appropriate medical and/or care expert will be needed. This Practice Note also explores recurring questions, such as whether items are obtainable through the NHS, together with the ongoing costs of upkeep, replacement, and, for some items, insurance. Common types of aids and equipment The helpful aids range from the very simple to the highly sophisticated, including: Basic items, for example a shoe horn or walking stick Advanced solutions, for example a computer system assisting with speech or controlling the home environment, media streaming services, or an integrated telephone/headset for a wheelchair or car...

Introduction to general practice A General Practitioner (GP) is a doctor delivering primary care within the National Health Service (NHS), fostering wellbeing, preventing illness, offering treatment, care or palliation, and encouraging patient autonomy and self-management. GP practices are usually arranged around a defined locality or population. Care is provided directly to patients or, where appropriate, by directing them to other services. Consequently, they are the initial contact for almost everyone with a new health issue and, for many, act as the gatekeeper to other medical specialists. The scope of expertise needed means GPs must not only identify and manage or treat common conditions in the community, but also undertake structured patient assessments to ensure timely referral for urgent or specialist care. As experts in primary care they assume responsibility for the ongoing monitoring, maintenance and improvement of clinical quality, services, organisation and patient safety, as well as developing and sustaining their own skills and those of their teams. To fulfil this remit, general practitioners...

I leave to my trustees the sum of £[ insert amount ] (‘the gift’), to be held on trust, invested, and the income applied towards the care and upkeep of my [ describe the animal, eg dog, cat etc adding gender ] named [ insert name of animal ] for a term of [ insert period not exceeding 21 years ] from my death, provided that [ insert name of animal ] survives for that time; and upon the earlier of the death of [ insert name of animal ] or the expiry of 21 years, the fund shall revert to and form part of my residuary estate. OR I bequeath to [ insert name of beneficiary ] a legacy of £[ insert amount ] together with my [ describe the animal together with its gender ] named [ insert name of animal ] (if alive when I die), and I record my wish (without creating any binding duty on [ insert name of beneficiary ]) that [ insert name...

In the County Court at [ insert ] Claim No. [ insert number ] Between A Claimant and B Defendant Particulars of claim At all material times, the Claimant was a British citizen, habitually resident and domiciled within the jurisdiction of England and Wales aforesaid. On 3 February 2024, the Claimant reserved lodging at the Jupiter hotel in Punta Cana, in the Dominican Republic, for the fortnight running from 5 to 20 August 2024. The said contract was concluded over the internet via the Defendant’s website portal. It was an express term of that contract that the Defendant accepted responsibility for the provision of the accommodation booked with them; if it was not supplied with reasonable skill and care, they would be liable for any injury suffered as a result and in consequence [ clause 10 ]. The Claimant duly paid the contract price in full and embarked upon the holiday as planned. On 8 August 2024, the Claimant made...

The young person is now past 18, has finished secondary schooling and is moving on to higher education. The prior maintenance arrangement has now ceased, and the child intends to seek financial provision under Schedule 1 of the Children Act 1989 (ChA 1989) by making their application. Under ChA 1989, Sch 1, a parent, guardian, or special guardian of a child, or any person in whose favour a residence order is in force with respect of a child, may apply for a range of orders for the benefit of a child as provided under Sch 1...

The statutory formula for child maintenance under the Child Support Act 1991 (CSA 1991) The statutory formula for child maintenance under the Child Support Act 1991 (CSA 1991) does not link the amount payable to whether the paying parent has contact with the children, other than insofar as the shared care rules operate. Under CSA 1991, s 3(5), it is recognised that, for the purposes of the Act, there can be more than one person with care in relation to the same qualifying child. The Child Support Maintenance Calculation Regulations 2012, SI 2012/2677, reg 46(2), further provide that any calculation must be grounded in the number of nights the non-resident parent is expected to care for the qualifying child overnight during the 12 months commencing on the effective date of the relevant calculation decision. The Child Maintenance Service (CMS) retains a discretion to take into account a shorter timeframe where appropriate in making that assessment...

With effect from 11 November 2021 No individual may enter a CQC-registered care home unless they can present documentary proof that they have completed a full course of coronavirus (COVID-19) vaccination, or formal confirmation that they should not be vaccinated for clinical reasons, except where they are: a resident of the home a friend or family member of a resident visiting a resident who is dying, or offering comfort or support to a bereaved resident required, where reasonably necessary, to provide emergency assistance on the premises attending the premises in the course of their duties as a member of the emergency services carrying out urgent maintenance work within the care home under 18 years of age The 'registered person'—that is, the individual registered with the CQC as the manager or service provider—has responsibility for ensuring that anyone entering a care home is either vaccinated or exempt. These provisions will clearly affect people who enter a care home...