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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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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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