Filling the vacuum – what if Working Together were only 10 pages long?

Some of you may know Celtic Knot is hosted in the building of Birmingham Friends of the Earth. The government has plans to radically reform planning laws, dropping many of the rules that could be used to oppose new development. Recently I was quizzed by colleagues at Friends of the Earth about what would happen […]

The Court of Appeal ruled yesterday on the scope for adult safeguarding

The Court of Appeal ruled yesterday (DL v A Local Authority & Ors [2012] EWCA Civ 253 (28 March 2012)) on the possible scope of adult safeguarding. An elderly couple had chosen not to take steps to protect themselves from their potentially violent and aggressive son. Could the local authority safeguard them? Here is the […]

Adult safeguarding – introducing the concept of insignificant harm

The proposal is that the threshold for adult safeguarding should be “significant harm”, rather than the lower “harm” threshold recommended by the Law Commission. Mithran Samuel at Community Care (@mithransamuel, @ComCareAdults) debates the wisdom of this (‘Will safeguarding threshold leave adults at risk?‘) with reference to arguments aired at their Adult Protection Conference, and I […]

The case for health and care privatisation

Yesterday, the Health and Social Care Bill finished its passage through Parliament. Today is the budget speech. Saturday’s Guardian had a piece entitled ‘What will the 2012 Budget mean for you?‘. It was not about the NHS, nor privatisation, just about how the budget affects the lives of ordinary people. But one of the ordinary […]

New excuses not to assess adult community care needs?

How likely does it need to be that a person who wants to be assessed for adult community care services from a local authority will actually be in need of them? That is the question posed in a new case decided today, NM, R (on the application of) v London Borough of Islington & Ors […]

The case of the nurses and the elderly man: does JE stand for judicial empathy?

The case in the Court of Appeal of two nurses dismissed for their role in the unlawful restraint of a patient with dementia seems an interesting case study in judicial empathy. Its citation is Crawford & Anor v Suffolk Mental Health Partnership NHS Trust [2012] EWCA Civ 138 (17 February 2012), but I’m going to […]

Religion, secularism and the state: in defence of the middle ground!

The proximity of two recent judgements apparently challenging the right of Christians to practise their faith has led to much media interest including the headline ‘Christianity on the Rack’. One of the two concerned public prayers at council meetings. Responses have included ‘a plague on both your houses’ from those who dislike the fervour of […]

The blight of enhanced CRBs returns

The case of T, R (on the application of) v Greater Manchester Police & Anor [2012] EWHC 147 (Admin) (09 February 2012) concerns a student who had single entry on his otherwise unblemished enhanced CRB: at age 11 he received a police warning for bicycle theft. Problems with enhanced CRBs are a recurrent theme among […]