denotes premium content | Dec 4 2008 Elderly Client Adviser archive
Volume 7 Issue 3
The last couple of months have proved an interesting time for those concerned with elderly clients. Tales of woe regarding the long-term care of older people, appear to support the gloomy predictions of the past decade and longer. With residential care homes closing, home-care businesses struggling and social services continuing to battle with under-investment, the future seems bleak.
Whether for better or worse, however, things are moving on. April will see the introduction of the single assessment process as well as the Care Standards Act 2000. In this issue, David Coldrick will examine the Department of Health’s guidance on the single assessment process, bringing to a conclusion his series of articles looking at long-term care for older clients. Caroline Bielanska also considers Christopher Beeson v Dorset County Council and the Secretary of State for Health, examining this crucial case, which has identified at least a partial solution to the problem of getting a fair trial when challenging an adverse decision.
We have also introduced some new sections including, ‘In practice’ and a ‘Charity spotlight’ that will become regular sections in future editions. Of course, I am always keen to hear your comments so please feel free to contact me at cpoynton@ark-group.com. I hope you find this edition of ECA well worth the read.
Caroline Poynton
Editor
Features
Department of Health Guidance on the 'Single Assessment Process' (Guidance HSC 2002/001: LAC (2002)1)
The Department of Health has now issued guidance on the mandatory single assessment process. David Coldrick, a partner at Wrigleys Solicitors continues his series on Health Care Guidance for Older Clients with an examination of the DOH guidance, its background, implementation and how far it can be hoped it will succeed in meeting its objectives.
Notional capital - a subjective test
The High Court case of the PR’s of Christopher Beeson v Dorset County Council and the Secretary of State for Health, heard before The Honourable Mr. Justice Richards in November last year heralded a clearer approach to the problem of notional capital. Caroline Bielanska, a solicitor, lecturer and freelance consultant examines the case that has identified and finds a partial solution to the problem of a lack of a fair trial when challenging an adverse decision
The Adults with Incapacity (Scotland) Act 2000 (Part 2)
It is almost one year since parts of the Adults with Incapacity (Scotland) Act 2000 (“the Act”) came into force in Scotland. It was hoped that this modernising act would become a model for other countries and jurisdictions. Tom Monteith, a partner at Bird Semple examines the impact of the act so far, considering how successfully it has been implemented and what we can look forward to seeing in the coming months
The treatment of capital: disregards
In the second of three articles, Alan Robinson, of Legal and Welfare Rights Training continues his discussion on the effect of capital on entitlement to income based benefits. Here, he considers what capital is disregarded and when.
