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Bloomsburry Family law

Legal services

Negotiating with Health Authorities and Local Authorities: Does this achieve any change?

Legal Considerations Negotiating with both the SSD and the Health Authority brings into play skills which may not be familiar to practitioners but which are important to consider as to whether to use ADR or when the alternative - litigation may be necessary. However litigation should be the last recourse unless it is quite clear that there is to be no negotiation or the actions of either body are so unreasonable to warrant such action. Negotiation is the key to getting a better package of care.

IN PRACTICE: Casenote:Arthur MacGregor v South Lanarkshire Council

This case involved a 90-year-old seeking judicial review of a decision of the South Lanarkshire Council. That was as regards delay in providing him with a suitable place in a care home. This time, unlike in the case of Yule (on the subject of liability to pay for care), that particular local authority came off worst. The impact may well be felt both north and south of the border, quite apart from by the other 199 people on South Lanarkshire Council''s waiting list. 106 of those were ''bed-blocking'' in hospital.

New Fees at the Public Trust office By Martin Terrell

One of the most common complaints about the Public Trust Office has been the level of fees charged to its clients. It has been a well founded criticism that a patient, who has already lost control over his affairs has to pay for the privilege of having his affairs monitored by the Public Trust Office.These costs must furthermore be paid out of his taxed income. If the patient is even more unfortunate to lack a friend or relative to act as his receiver then he must have the Public Trustee take on this role. The cost of having the Public Trustee as receiver is even higher and it is hardly a consolation to know that the cost would be even higher but for the charges levied on patients with private receivers.

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