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Bloomsburry Family law

Legal services

Part two: What to do next

Elderly-client practitioners must be able to decide whether a client should qualify for NHS continuing health care. Failure to do so could not only leave clients paying unnecessarily for care, but also risk a negligence claim against the solicitor acting on their behalf. Caroline Bielanska continues her exploration of the issues with a practical look at what practitioners need to do in challenging and reviewing decisions on NHS-funded care.

Assessing the implications of the new hospital discharge workbook

The government has recently implemented measures to better manage the hospital discharge of older people. Such policy has, however, seemed largely concerned with the problem of bed blocking rather than optimum care practice, and the rights and choices of older people have often been ignored in an effort to speed up the process. Stephen Lowe, a community care (services) policy officer at Age Concern England, assesses how far the publication of the workbook, Discharge from Hospital: Pathway, Process and Practice, might help remedy the problems and establish good-practice guidelines in discharge care.

A year on... The regional Court of Protection

The Court of Protection has completed its first year at its base at Preston. Court arrangements and procedures have been tried and tested and the realities of a regional court are becoming clear. Gordon Ashton, Deputy Master at the Court of Protection, assesses the development of the court and what lessons have been learnt for the future.

Fair access to care services

The Department of Health has published the final version of its guidance for councils managing access to care services, in the hope that it will remedy the national variations that have been experienced to date. In this article, Caroline Bielanska, solicitor, TEP and freelance consultant, examines the latest guidelines and assesses how far they will solve the problems in care service funding and distribution.

Notional capital - a subjective test

The High Court case of the PR’s of Christopher Beeson v Dorset County Council and the Secretary of State for Health, heard before The Honourable Mr. Justice Richards in November last year heralded a clearer approach to the problem of notional capital. Caroline Bielanska, a solicitor, lecturer and freelance consultant examines the case that has identified and finds a partial solution to the problem of a lack of a fair trial when challenging an adverse decision