Law

THE DATA PROTECTION ACT 1998

This is the law that underpins all data protection, confidentiality, consent and information governance policies. The EU's General Data Protection Regulation comes into force on 25th May 2018, but all matters before that date will refer to the current Act. (Annotated document)

THE NHS COMMISSIONING BOARD AND CLINICAL COMMISSIONING GROUPS REGULATIONS 2012

This statutory instrument provides the legal basis for the roles of Commissioning Boards and Clinical Commissioning Groups. It identifies the specific duties of CCGs in relation to NHS Continuing Healthcare. (Annotated document)

THE LOCAL AUTHORITY SOCIAL SERVICES AND NATIONAL HEALTH SERVICE COMPLAINTS (ENGLAND) REGULATIONS 2009

This statutory instrument identifies the legal basis for complaints procedures in England. The policies established by CCGs must comply with these regulations. It explains the minimum requirements for investigations and responses. (Annotated document)

COUGHLAN JUDGEMENT (COURT OF APPEAL)

Considered the most important legal case in NHS Continuing Healthcare. It provides a legal basis for the differing roles of the NHS and Local Authorities in relation to care. For a Primary Health Need, the NHS is responsible for providing all assessed health and social care needs. (Annotated document)

GROGAN JUDGEMENT (HIGH COURT)

In light of the Coughlan judgement, the High Court decided that Maureen Grogan had been unlawfully denied care by the NHS due to inconsistent criteria for a Primary Health Need. The Decision Support Tool for NHS Continuing Healthcare was established as a result of this judgement.

CLARKE V SUTTON LBC (HIGH COURT)

This case, regarding a severe epileptic, focused on the decision by Sutton LBC to reduce care despite the evidence of experts. The court decided that the decision was unlawful as it failed to give appropriate weight to obviously relevant material. (Annotated document)

LUKE CLEMENTS LEGAL TRAINING NEWSLETTER 2012

This newsletter provides information from the Public Services Ombudsman for Wales. It highlights concern regarding the expertise on Multi-Disciplinary Teams and the attempts to unload 'financial obligations onto the Council'. (Annotated document)

LUKE CLEMENTS LEGAL TRAINING NEWSLETTER 2013

This newsletter highlights 'the mistaken belief that the test was whether health interventions were needed: the test is whether someone has a primary health need, not what interventions they are receiving or who is providing them'. (Annotated document)

LUKE CLEMENTS LEGAL TRAINING NEWSLETTER 2014

This newsletter focuses on the Care Act 2014. It identifies the importance of well-being for people in receipt of care. It also highlights the rights of carers, including whether a carer is willing and able to provide care. (Annotated document)

LUKE CLEMENTS LEGAL TRAINING NEWSLETTER 2015

This newsletter has a particular focus on a Court of Appeal case against Birmingham CCG. It upheld the National Framework guidance that NHS bodies are 'financially responsible' for all assessed needs associated with a health need. (Annotated document)

LUKE CLEMENTS LEGAL TRAINING NEWSLETTER 2017

This newsletter highlights a complaint against Bromley LBC that it must not assume a carer is willing or able to provide any care. It also reports on a case against Brighton and Hove Council whose funding panel inappropriately over-ruled an assessment. (Annotated document)

PARLIAMENTARY AND HEALTH SERVICE OMBUDSMAN - USE OF AUDIO AND VIDEO RECORDING AS EVIDENCE

This guidance from the Parliamentary and Health Service Ombudsman states that it is allowed to, and will, use secret recordings of meetings as evidence in a case so long as it is relevant, accurate, fair and practical. Transcripts will only be accepted with the original recording.

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