Arianna Kelly

The local authority here describes itself as 'helpless' and worrying about the safety of the child. The follow-up question that needs asking to this or any LA feeling this way are what steps they are taking to avoid being in this situation for the next child in this scenario. 6/

It is, and always has been, entirely open to the local authorities to work to commissioned registered placements for these children, or establish in-house provision for them - some local authorities are already working on this to avoid the problems described in this article. 5/

The reality is that the providers are being begged by the local authorities to put together these unregistered placements because without them, the child will be in an even worse position, and LAs are arguing the court that the child *needs* to go there for their safety. 4/

And yet, daily in courts across the country and particularly in the National DOLS court, local authorities are reporting that after making hundreds of inquiries with providers across the country, there are no registered providers willing and able to look after the child. 3/

This problem of limited provision for children with complex needs has been entirely well-recognised for years and been the subject of dozens of High Court judgments, duly sent to ministers and the Children' s Commissioner. 2/

Unlawful care homes ‘profiteering’ from at-risk children Placing children with complex needs in care threatens to bankrupt some councils, the Family Court is told.

www.bbc.co.uk/news/article...
An article about high-cost unregistered children's placements too familiar to anyone practising in this area, stating private providers are 'demanding' high fees from LAs-but not asking why the local authority is in this position, or how it will avoid it in the future.1

September 2024 Mental Capacity Report now out – and walkthrough The September 2024 Mental Capacity Report is now out.  It is something of a doorstop thanks to our (in this context mistaken) decision to take August off. Highlights this month include: (1) In the …

The September 2024 39 Essex Chambers Mental Capacity Report is now out - it's free, and comes out 10 times a year, covering all matters mental capacity law (and mental health law) related. It is here, together with my video walkthrough of it: www.mentalcapacitylawandpolicy.org.uk/september-20...

New judgment - judicial review by a care home of a Care Quality Commission rating. Contains useful stuff about covert medication care plans which may be of interest to Court of Protection people, among others
www.bailii.org/ew/cases/EWH...