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June 18, 2025
Producing robust capacity assessments and the approaches to assessing capacity
Lynette Wallace looks at the lessons from a recent Court of Protection ruling on capacity.
May 22, 2025
Disability discrimination and proportionality in housing management
The High Court recently upheld a possession order against a tenant who is a hoarder, rejecting a submission that the first instance judge's conclusion that the social landlord had acted proportionately was wrong. John Murray sets out the lessons from the case.
May 21, 2025
Cross-border deprivation of liberty
A senior Court of Protection judge recently rejected an application by a Scottish local authority for recognition and enforcement of a guardianship order made in Scotland. The Court of Protection team at 39 Essex Chambers analyse the ruling.
May 21, 2025
Dealing with unexplained deaths and inquests
Narin Masera sets out some key considerations for local authorities when dealing with an unexpected death.
May 21, 2025
Court of Protection case update: May 2025
Sarah Hutchinson rounds up the latest Court of Protection rulings of interest to practitioners.
Features
Webinars
Whistleblowing: Detriment and Dismissal Cases
In the second session of our Autumn/Winter Employment Series, Nick Bidnell-Edwards and Safia Tharoo provide a concise review of whistleblowing law for detriment and dismissal claims, including recent developments, followed by practical tips on how to bring and to defend the claims.
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What is the role of the National Trading Standards Estate & Letting Agency Team in assisting enforcement authorities?
Robert Brown, Principal Solicitor at Powys County Council, recalls joining the National Trading Standards Estate & Letting Agency Team (NTSELAT) and explains how the team can help legal officers in enforcing their council's statutory duties.
Webinars
Is Omeprazole the new EDS?
Innocent explanations for allegations of inflicted or non-accidental injury: Tina and Kate discuss the dark corners of medicine, science, the unknown unknowns and the wider canvas.
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Understanding the key staffing issues in Local Government Reorganisation
Sarah Lamont sets out some of the main employment considerations arising out of the Government’s plans for local government reorganisation.
Employees and social media posts: the Court of Appeal in Higgs v Farmor’s School
The Court of Appeal recently ruled that a school worker’s dismissal for gender-critical social media posts was discriminatory. Luke Green and Emma Ahmed set out some key learning points from the case.
TUPE transfers: I object! Yes, but why?
Hannah Bollard provides some practical tips for employers on how to deal with cases where an employee objects to being transferred under TUPE.
Protected beliefs and the Equality Act 2010
An employment tribunal recently ruled that belief in the ability to predict the future is not protected, but, asks Jackie Morris, should we have seen that coming?
A widening of worker status?
Charlotte Tosti analyses a landmark case in the Employment Tribunal over the question of whether foster carers are “workers” and can bring claims in the employment tribunal.
Work-related stress: a key issue for employers
Debra Gers looks at the support employers can provide in relation to work-related stress.
Engaging with all allegations
In a recent case, the Employment Appeal Tribunal (EAT) has highlighted the importance of addressing all issues identified in a list of issues, including those not originally pleaded, writes Michael Halsey.
Comments about accents
The Employment Appeal Tribunal (EAT) has ruled that comments about an employee's accent can amount to race-related harassment under the Equality Act 2010, even without evidence of discriminatory intent. Alastair Fatemi analyses the judgment.
Raising new substantive arguments at appeal stage
The Employment Appeal Tribunal (EAT) has ruled in a case involving a local authority that it would not be in the interests of justice to allow a claimant to raise a new argument on appeal, despite acknowledging an error in the Tribunal’s decision. Gareth Edwards explains why.
LGPS fund management reforms
The Government has announced the creation of pension ‘megafunds’. Mark Radford looks at the key points.
Fire and re-hire: increased protective awards
The Government has revived a draft order on increased protective awards for failures to follow the statutory Code of Practice. Georgia Blesson looks at what this means for employers.
Whistleblowing: Detriment and Dismissal Cases
In the second session of our Autumn/Winter Employment Series, Nick Bidnell-Edwards and Safia Tharoo provide a concise review of whistleblowing law for detriment and dismissal claims, including recent developments, followed by practical tips on how to bring and to defend the claims.
Wiping the slate clean - tips and tactics on how best to achieve settlement in the ET
In this webinar Nick Singer and Karolina Zielinska consider how to get the most out of negotiation and judicial mediation for your clients. Given the ever-increasing cost and stress associated with Tribunal proceedings, settlement firmly remains an attractive option when considering how best to resolve a claim for claimants and respondents alike.
Disability-related absences and dismissal
Should dismissals for disability-related absences be pleaded as direct discrimination? Robin Pickard examines a recent Employment Appeal Tribunal case involving a local authority.
The Employment Rights Bill 2024 – What’s in, What’s out, and What’s next
Louise Singh, Suzanne Nulty and Ben Daniel break down the key points from Labour's flagship Employment Rights Bill.
USDAW v Tesco: the end of fire and rehire?
Benjamin Gray looks at the lessons to be learned from the Supreme Court's recent consideration of a "fire and rehire" case.
Procedural steps not taken by employee irrelevant to constructive dismissal claim
An employee’s failure to fully complete every step of an internal grievance process will not impact their right to claim constructive dismissal, according to the recent ruling by the Employment Appeal Tribunal (EAT) involving a local authority. Sharmin Chowdhury analyses the judgment.
Positive action v positive discrimination: how to avoid crossing the (thin blue) line
To what extent can employers appoint or promote someone because they have a protected characteristic that is under-represented in their organisation? Jo Moseley analyses a recent Employment Tribunal ruling involving a police force.
What next for employment law?
Hanna Davies looks at the Labour Government’s plans for overhauling employment law.
The strategic importance of maintaining a positive workplace culture
Gareth Edwards recently reported on the upcoming new mandatory duty to take reasonable steps to prevent sexual harassment in the workplace, which is due to come into force on 26 October 2024. In this follow-up piece, he discusses how the new sexual harassment law highlights the strategic value of maintaining a positive workplace culture.
The new law on sexual harassment in the workplace: what is it and why does it matter?
From 26 October 2024, employers will be under a new legal duty to take reasonable steps to prevent the sexual harassment of staff at work. Gareth Edwards takes a closer look at the background of the new law and what it will mean in practice.
Job fraud on the rise: the new recruitment challenge
Laura Hayward looks at the challenges faced by employers and recruitment agencies in managing situations where employees try to work more than one full-time job concurrently.
Local authority employers - What's in a name?
Mispronouncing someone’s name can have significant implications, as shown by a recent Tribunal ruling, writes Sarah Harnett.
Workplace investigations demystified
Jenny Arrowsmith and Jake Marshall set out ten lessons from the tribunals when it comes to the conduct of workplace investigations.
Restructure and redundancy
Christian Grierson provides a refresher on the key principles around restructuring and redundancy.
Equal pay: the material factor defence
A fire and rescue service has successfully defended an equal pay claim even though the claimant and comparators were engaged in 'like work' for the period of the claim. Jessica Scott-Dye analyses the case.
Changes to the code of practice on fire and re-hire
Following last year’s consultation, the Government has published an updated draft statutory code of practice on ‘fire and re-hire’. Michael Halsey looks at the key changes.
Outsourcing the problem: equal pay and local authority trading companies
Doug Mullen looks at the complex issues around equal pay that arise with local authority trading companies.
The top five employment cases that will shape 2024
Rebecca Denvers identifies the cases which will have a big impact on employment law and HR policies and practices over the next 12 months.
Expressing lawful views at work
Should employees be able to express their lawful views at work? Jo Moseley examines a case where Acas got into murky waters.
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Provision of same-sex intimate care
A recent judicial review decision found that there is no duty to provide same-sex intimate care. Ros Foster examines the case.
Court of Protection case update: April 2025
Niamh Brennan rounds up the latest Court of Protection rulings of interest to practitioners.
High Court guidance on Article 3 engagement in care at home cases
David Lawson and Katherine Hampshire analyse the approach taken to human rights claims in claims against public bodies providing accommodation and social care. Such claims face significant hurdles and there is a growing body of guidance on where the boundary lies.
‘Stitch’, capacity and complexity
Alex Ruck Keene KC (Hon) examines a High Court judge’s masterclass in capacity determination.
Issuing proceedings in best interests cases
Katie Viggers, Mark Barnett and Hannah Khan set out four key takeaways for Integrated Care Boards from a recent case where a senior judge stressed the “crucial significance” of issuing proceedings promptly in a best interests case.
Court of Protection case law update: March 2025
Sarah Hutchinson analyses two recent Court of Protection rulings of interest to practitioners.
The Health and Social Care (Wales) Bill Series – Regulation and Inspection of Social Care
How does the Welsh Government intend to reform the regulation and inspection of social care in Wales? Luke Williams and Eve Piffaretti look at the latest developments.
The Health and Social Care (Wales) Bill Series – Direct Payments for NHS Continuing Healthcare
Will individuals in receipt of NHS Continuing Healthcare soon be able to opt for Direct Payments? Eve Piffaretti and Luke Williams set out the Welsh Government’s proposals.
What is the right approach to Care Act assessments?
The High Court has provided guidance on the five stages of a Care Act assessment and on the meaning of accommodation-related care and support needs. David Lawson and Katherine Hampshire analyse six key points arising from the judgment.
Disabled people in immigration bail: the duties of the Home Office and local authorities
The High Court has ruled that the Home Office has been systemically failing to provide safe and suitable accommodation to disabled applicants, and has given guidance on the interaction between Schedule 10 accommodation and the Care Act 2014. Stephanie Harrison KC, Nadia O’Mara and Isaac Ricca-Richardson analyse its findings.
Capacity, insight and professional cultures
Alex Ruck Keene KC (Hon) looks at an important new decision from the Court of Protection where the judge identified an evidential divide on capacity between social workers and clinicians.
Court of Protection update: February 2025
Sarah Hutchinson rounds up the latest Court of Protection rulings of interest to practitioners.
Setting care home fees
The High Court has quashed a decision by a city council to set an annual increase to care home fees below-inflation. Philip Rule KC looks at the lessons from the judgment.
Could this be the end for local authority-provided residential care?
Mike Clifford discusses the trend of local authorities selling or closing their residential care facilities and what it means for the future of adult social care.
“On a DoLS”
Alex Ruck Keene KC (Hon) reports on some mythbusting by what he says was a (rightly) exasperated Court of Protection.
It’s all about the care plan
A couple of recent Court of Protection cases illustrate two key themes, writes Sarah Erwin-Jones. They are that the care plan is king – get that clear first, and that openness, transparency and compliance with court directions is essential for local authorities.
Court of Protection case update: January 2025
Sarah Hutchinson rounds up the latest Court of Protection judgments of interest to practitioners.
Mental capacity and expert evidence
The Court of Appeal recently overturned a capacity ruling in a complex case. The ruling highlights the need for careful consideration of expert evidence, writes Catherine Rowlands.
Best interests, wishes and feelings
Alex Ruck Keene KC (Hon) looks at a recent Court of Protection ruling that provided a worked example in an imperfect world.
Capacity, sexual relations and public protection – another go-round before the Court of Appeal
Alex Ruck Keene KC (Hon) analyses the latest Court of Appeal judgment to consider the issue of capacity to engage in sexual relations.
Court of Protection Update - December 2024
Emily Price analyses two recent Court of Protection cases that concerned the treatment of long-term relationships.
Fluctuating capacity, the “longitudinal approach” and practical dilemmas
David Lock KC asks whether a “longitudinal approach” to when decisions can lawfully be made by patients with fluctuating capacity is consistent with the Mental Capacity Act 2005 (“the MCA”) and, if it is not, whether there is a better framework that could be used to enable decisions to be taken to protect this vulnerable class of persons using the inherent jurisdiction.
Capacity and civil proceedings
Holly Tibbitts examines new recommendations from a working group of the Civil Justice Council on determining capacity to litigate in civil proceedings.
Recovering adult social care charges via insolvency administration orders
Yisroel Greenberg explores the circumstances in which an insolvency administration order should be considered, summarises the legal framework, and offers some practical suggestions when considering applying for one.
Court of Protection case update: October 2024
Lauren Gardner and Eleanor Suthern round up the latest Court of Protection cases of interest to practitioners, including an important ruling on representation during review periods.
Communication with protected parties in legal proceedings
Abby Watson provides practical tips on how representatives of protected parties can enhance communication, and prepare them for judicial visits.
The way forward for CQC – something old, something new….
Carlton Sadler and Siwan Griffiths look at the principal findings of the Dash and Richards reports into the Care Quality Commission and the Single Assessment Framework.
The Ombudsman, DoLS and triaging – asking the impossible?
Alex Ruck Keene KC (Hon) examines a recent Ombudsman report following a complaint about the Deprivation of Liberty Safeguards authorisation process.
Outsourcing and the Human Rights Act 1998 – the consequences
Alex Ruck Keene KC (Hon) analyses a recent High Court case that considered the Human Rights Act in relation to outsourced care.
Commissioning care and support in Wales: new code of practice
The Welsh Government has published a new Code of Practice which came into effect on 1 September and applies principles and standards to the commissioning of care and support services by local authorities, local health boards and NHS trusts in Wales. Emma Watt looks at the details.
The black box of the judicial visit to P
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The Court of Appeal has made some very important observations about the role of judicial visits in Court of Protection cases, writes Alexander Ruck Keene.
The Supreme Court on capacity to consent to sexual relations
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The Supreme Court recently handed down a landmark ruling on capacity to consent to sexual relations. Anna Dannreuther analyses the judgment.
Capacity and sex – the Supreme Court decision in JB
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Vikram Sachdeva QC, Parishil Patel QC, Victoria Butler-Cole QC, Alex Ruck Keene, Ian Brownhill and Nicola Kohn explain the Supreme Court’s decision and discuss its implications for practitioners in the field of mental capacity and best interests.
Fighting ever increasing odds against a draconian intervention – and when is a without notice hearing acceptable?
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The Court of Protection recently ordered that a woman with late onset vascular dementia be transferred to a residential care home after relations between her son and care workers broke down. Alex Ruck Keene analyses the ruling.
The authority of Property and Affairs Deputies
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Arianna Kelly analyses a case relating to the scope of the authority of Property and Affairs Deputies post the ruling in ACC.
Health and Care Bill 2021: The role of local authorities in Integrated Care Systems
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In the latest in a series of comment pieces on the Health and Care Bill 2021, Anna Hart, Charlotte Burnett and Hamza Drabu consider how local authorities and combined authorities will engage with Integrated Care Partnerships and Integrated Care Boards.
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Case Law Update
The final say
The Court of Protection has provided an important reminder that it is the judge who has the final say as to best interests, writes Alex Ruck Keene KC (Hon).
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Events
Events
Events
Institutional landlord series: Service and Notices – from Possessions to Injunctions and Requests for Access - 5 Pump Court
16-07-2025 4:00 pm
16-07-2025 4:00 pm
Institutional landlord series: Possession – High Court Enforcement - 5 Pump Court
22-10-2025 4:00 pm
22-10-2025 4:00 pm
Institutional landlord series: Costs Recovery and Legally Aided Parties - 5 Pump Court
05-11-2025 4:00 pm
05-11-2025 4:00 pm
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