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The duty to meet respite care needs

The duty to meet respite care needs

The Administrative Court in Wales recently declared that a local authority acted unlawfully by failing to meet respite care needs. David Gardner explains why.

June 10, 2026

The duty to meet respite care needs

42BR Adults

News

Care Quality Commission issues statement on what Supreme Court ruling on deprivation of liberty means for providers

June 08, 2026

Judges reject challenge over drop-in centre closures decision and ‘target’ duties in Care Act

June 05, 2026

ADASS calls for cautious approach to implementing Supreme Court ruling on deprivation of liberty, but warns of potential for litigation

Jun 04, 2026

Supreme Court overrules Cheshire West judgment on deprivations of liberty and valid consent

Jun 02, 2026

CQC updates approach to local authority assessments

Jun 01, 2026

Judge upholds care home placement but encourages council to explore ways of facilitating “dignified contact” between mother and daughter

Jun 01, 2026

Ombudsman criticises council over failure to send invoices for care of service user to appointee for more than three years

May 29, 2026

Supreme Court to rule next week on deprivations of liberty and valid consent

May 27, 2026

Welsh council in breach of duty in 2014 Act over provision of respite care, High Court finds

May 27, 2026

High Court finds “no arguable grounds” for challenge to risk assessment by Welsh council and alleged failure to meet needs

May 26, 2026

ADASS and CQC refresh joint working protocol to include stronger safeguarding arrangements and emphasis on sharing data

May 26, 2026

More than 5,000 care homes in England have not been inspected in the last five years, analysis shows

May 19, 2026

London borough failed to complete adequate s117 aftercare plan for vulnerable young person, Ombudsman finds

May 18, 2026

Failure to use statutory complaints process sees High Court refuse permission for judicial review over care package funding cut

May 15, 2026

Council failed to suitably explain deprivation of assets decision to son of woman requiring care, Ombudsman finds

May 14, 2026

Law Society calls for code of practice for Mental Health Act 2025

May 13, 2026

LGA issues briefing on local government reorganisation and lessons for adult social care

May 12, 2026

Council to undertake wide ranging internal review following criticism from Ombudsman over failure to meet care needs

May 08, 2026

Welfare deputyship case ‘leapfrogged’ to Court of Appeal

May 01, 2026

Court of Protection judge outlines guidance on instruction of experts

May 01, 2026

Care homes in Swansea win dispute with council over level of fees

Apr 21, 2026

Councils are “raiding” their financial reserves to fund rising costs of adult social care: King’s Fund

Apr 09, 2026

Judge rules it is in “best interests” of man who was previously resident in Spain for 30 years to remain in care home in Wales

Apr 08, 2026

“Persistent delays” in allocating and authorising DoLS applications continue to leave many individuals in Wales unlawfully deprived of their liberty, report finds

Apr 07, 2026

Law Commission launches three-year review of current legislation on transport accessibility

Apr 02, 2026

Council and ICB failed to manage funding dispute adequately, causing “avoidable delay” in hospital discharge: Ombudsman

Apr 01, 2026

High Court dismisses renewed application for permission for judicial review over day care centre closures

Mar 31, 2026

Some authorities may not be able to meet legal duties on day one of reorganisation: ADASS

Mar 26, 2026

Government promises stronger visiting rights for people in health and care settings following review of Regulation 9A

Mar 18, 2026

Government publishes framework for delivery of neighbourhood health service

Mar 17, 2026

Court of Appeal rejects challenge to decision by council to transfer care homes

Mar 17, 2026

Ombudsman warns on gap in Wales between number of people identifying as carers and those in receipt of formal needs assessments

Mar 10, 2026

Court of Appeal to hear dispute over closure of drop-in centre for adults with mental health difficulties

Mar 10, 2026

Adult social care system held together with “add-ons and work arounds, sticking plasters and glue”: Baroness Casey

Mar 06, 2026

Court of Appeal to hear challenge to transfer of care homes by council to private sector

Mar 04, 2026

Select committee launches inquiry on cross-border healthcare arrangements between England and Wales

Feb 26, 2026

High Court quashes Care Act assessment over failure to identify overnight needs

Feb 20, 2026

Ex-council worker jailed for £893k fraud against vulnerable service users

Feb 19, 2026

High Court quashes refusal by council to fund care needs of disabled adult

Feb 17, 2026

Health board acknowledges it acted unlawfully in failing to comply with Mental Capacity Act 2005

Feb 17, 2026

AI transcription tools in social work introducing new risks to people and society, such as bias and ‘hallucinations’, report warns

Feb 12, 2026

LGA launches consultation on adult social care and role of councils in delivery

Feb 10, 2026

4-5 Grays Inn Square Adults

Must read

Cyber Security and Resilience Bill: Why Local Authorities Cannot Afford to Wait

The UK Government’s proposed Cyber Security and Resilience Bill is likely to mark a significant shift in regulatory expectations. Jonathan Askin, Partner at Hugh James, explores the reasons why.

Cyber Security and Resilience Bill: Why Local Authorities Cannot Afford to Wait

Features

Making neighbourhood working work

Making neighbourhood working work

June 05, 2026

James Arrowsmith provides some top tips for public sector leaders on successful neighbourhood working.

The End of the Cheshire West Era: The Supreme Court’s New Tests for Objective and Subjective Deprivations of Liberty

The End of the Cheshire West Era: The Supreme Court’s New Tests for Objective and Subjective Deprivations of Liberty

June 03, 2026

Victoria Butler-Cole KC, Neil Allen and Arianna Kelly issue a pre-recorded rapid response seminar on the Supreme Court’s decision.

Transparency and open justice in the Court of Protection

Transparency and open justice in the Court of Protection

May 29, 2026

The Court of Appeal has said no to routinely disclosing position statements. Avaia Williams sets out the key takeaways from an important ruling.

Cyber Security and Resilience Bill: Why Local Authorities Cannot Afford to Wait

Cyber Security and Resilience Bill: Why Local Authorities Cannot Afford to Wait

May 20, 2026

The UK Government’s proposed Cyber Security and Resilience Bill is likely to mark a significant shift in regulatory expectations. Jonathan Askin, Partner at Hugh James, explores the reasons why.

Falling between the disposal cracks

Falling between the disposal cracks

May 15, 2026

Revisiting habitual residence

Revisiting habitual residence

May 13, 2026

Officer reports and decisions to close care homes

Officer reports and decisions to close care homes

Apr 15, 2026

Ordinary residence - Worcestershire revisited?

Ordinary residence - Worcestershire revisited?

Apr 15, 2026

Capacity as a social construct, and the problem of untangling the spider’s web

Capacity as a social construct, and the problem of untangling the spider’s web

Apr 15, 2026

Public money and double recovery

Apr 14, 2026

Court of Protection case update April 2026

Apr 02, 2026

Personal welfare deputies – Lawson and Mottram strikes back?

Mar 18, 2026

No "clinical decision" exemption from best interests

Mar 18, 2026

A Welsh white leopard?

Feb 18, 2026

Adult social care priorities for local authorities: 2026 to 2027

Jan 22, 2026

Personal welfare deputies, principle and pragmatism

Jan 21, 2026

Top-up fees: a growing risk for councils

Dec 22, 2025

Hoarding and learning from inquests – safeguarding to prevent tragic outcomes

Dec 12, 2025

Natural justice and costs in the Court of Protection

Dec 12, 2025

Self-neglect and capacity

Dec 04, 2025

Fact finding in the Court of Protection

Nov 20, 2025

The End of “Cheshire West”? Deprivation of Liberty, Consent and Capacity in the Supreme Court

Oct 30, 2025

Independent Social Workers and judicial review

Oct 22, 2025

Social services support for individuals with No Recourse to Public Funds

Oct 22, 2025

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Webinars

The End of the Cheshire West Era: The Supreme Court’s New Tests for Objective and Subjective Deprivations of Liberty

Victoria Butler-Cole KC, Neil Allen and Arianna Kelly issue a pre-recorded rapid response seminar on the Supreme Court’s decision.

The End of the Cheshire West Era: The Supreme Court’s New Tests for Objective and Subjective Deprivations of Liberty

Lessons learned in 2025 - a public law update

Interveners in financial remedy proceedings

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Deputyship Surgery: Court of Protection Updates & Practical Guidance

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