adult social care

Supported Accommodation For 16 And 17 Year Olds And The Requirement To Register With Ofsted

As of 28 October 2023, providers in England wishing to provide supported accommodation for looked-after children and care leavers aged 16 and 17 years of age (“Care Leavers”) are required to register with Ofsted and become subject to inspection, and regulation, in connection with Ofsted’s new quality standards. As Ofsted registration is a new requirement …

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Mandated Professional Registration For Adult Social Care Workers?

Care England has released its latest publication ‘Care for our future – the roadmap to a sustainable future for adult social care’’ which sets out an adult social care roadmap focusing on workforce, funding and integration. The publication issues a series of policy recommendations for the next Government to implement within 100 days, 2 years …

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How Whistleblowing Can Negatively Affect Your Care Business – A Whistle Stop Tour On Whistleblowing

The 23 June was World Whistle-blower’s day, so it seemed timely to reflect on the subject, in particular a reminder of the law, updates to relevant guidance, the CQC’s approach to whistleblowing and best practice for providers. Law Whistleblowing legislation was implemented 25 years ago, through the Public Interest Disclosure Act 1998 (“PIDA”) being incorporated …

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The Importance Consumer Law Obligations in Social Care – Equality

This is the second of my four-part series on the importance of consumer law obligations and their relevance to health and social care providers. In my first article, I discussed transparency and how both consumer law and health and social care law effectively mirrored each other. In this second article I will discuss the overlap …

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Court Permits Top Up Fees In Dentistry. Will Social Care Follow Suit?

Background In the recent case of The General Dental Council v Lucy Jane Williams [2023] EWCA Civ 481, the Court of Appeal confirmed the National Health Service (General Dental Services Contracts) Regulations 2005 (“Regulations”) did not prevent “two different parts of a course of treatment” (e.g. National Health Service [“NHS”]) and private treatment) being carried …

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The Removal Of Residents From Care – Why Using The Word “Eviction” Is Not Helpful

There has been much public comment over recent weeks upon the subject of so-called hardship caused by “eviction” from a care home. The term “eviction” presents a picture of a blameless occupier being ejected against their will from a care service which they will have regarded as their home. In our experience it is so …

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Further update in relation to the implementation of the Liberty Protection Safeguards

On 5 April 2023, the Department of Health and Social Care (“DHSC”) announced a further delay to the implementation of the Liberty Protection Safeguards (“LPS”). The LPS were first introduced under the proposed amendments under Schedule 1 to the Mental Capacity (Amendment) Act 2019 (“MC(A)A 2019”). The MC(A)A 2019 was due to amend the Mental …

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