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19 April 2012 / Ed Mitchell
Issue: 7510 / Categories: Features , Health & safety , Public
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Caring & sharing?

Ed Mitchell provides an update on community care law

Increasingly, local authorities are having to take hard decisions about how they deploy the limited resources available to them for  the provision of community care services. In R (McDonald) v Royal Borough of Kensington & Chelsea [2011] UKSC 33, [2011] 4 All ER 881 the Supreme Court confirmed that it is principally for a local authority to take these hard decisions in individual cases, not the courts. So, once a local authority had formally reassessed community care needs, it was entitled to decide to save some £250 per week by supplying continence aids rather than funding a night-time carer.

McDonald

The case concerned a 67-year-old woman left unable to mobilise unaided by a stroke. While she needed to urinate about three times per night, she was not incontinent. There were two options for managing the claimant’s night-time continence needs. The first, favoured by the claimant, was for a night-time carer to help her to a commode. The second cheaper option, which the claimant’s local authority preferred, was to use continence pads or special

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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