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Bloomsburry Family law


Bournewood and Beyond

The House of Lords decision in the case of L v Bournewood Community and Mental Health Trust1 may have been met with a sigh of relief by professionals working in the mental health field2, but anyone expecting a return to the pre Court of Appeal position is likely to be disappointed

Community Care Case Reports

Since the landmark cases of Sefton and Gloucestershire, there have been a number of cases that have gone through the Courts, which do have an impact on the provision of community care services for clients. Anne Edis reports on the principle cases.

YULE v South Lanarkshire Council (OH)

In February of this year, Scotlands highest Civil Court (the Court of Session in Edinburgh) in a case the first of its kind to be heard in Scotland (to the writers knowledge)decided that the home of an 81 year old woman gifted to her granddaughter 18 months before entering care remained an asset which should be included as notional capital for assessment purposes

Solicitors for the Elderly

Readers of the Elderly Client Adviser will have been aware over the last twelve months of the development of the Croup known as Solicitors for the Elderly. Throughout the period from its foundation the Group has met and has discussed critical issues affecting the older client. The concern of the Group has been the issue of the quality of legal services being offered to older people and the Groups principal aim has been to overcome this.

Attendance Allowance and Residential Care

In his article on benefits for disability published in the ECA earlier this year Alan Robinson referred to the regulations dealing with entitlement to attendance allowance for people living in residential care homes or nursing homes as impenetrable, and declined to state a firm view a to who is entitled and who is not, The purpose of this paper is to analyse those regulations in more detail, and to give the writer''s opinion as to the practical implications. Readers are referred to Alan Robinsons article for a statement as to the basic rules of entitlement to attendance allowance1.

The Social Security Bill 1998

The Social Security Bill attracted considerable attention on its passage through Parliament over the issue of cuts in benefits for lone parents, but the Bill is probably more significant for the changes being made to the way in which decisions are made in social security cases. The whole system of tribunals will be overhauled and fundamental changes made to the process of decision making in social security and other cases. The role of the Adjudication Officer (AO) will disappear and there will be a new system of reviewing decisions. Most of these changes are expected in 1999.

Advising the Elderly and the Solicitors Indemnity Fund

All solicitors will be aware of the proposed new rules for calculating contributions to the Solicitors Indemnity Fund to cover the shortfall. The proposals as recommended by The Law Societys standards and guidance committee are summarised in the Law Societys Gazette of 16 February and 5 March 1998 but the full consultation document has now been issued. I have not had time to study this in detail so this article is based on the summaries in the Gazette.