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Update from Shropshire Regional Group - July 2005

Update from Shropshire Regional Group

 and notification of meetings later in the year on

6th October 2005 and 24th November 2005

On 13th April 2005 our group was educated and entertained by the excellent lecture given by Alastair Brierley on Wills and Trusts – Recent Developments.

Some of the comments which were received after Alastair’s lecture are as follows:

·          The most entertaining seminar I have attended for years!!  Thank you very much indeed Alastair

·          Excellent course – well presented

·          Well done Alastair – informative and great fun

·          Extremely entertaining and valuable experience

We have two meetings later this year and they are as follows:

Thursday 6th October in the afternoon at the Shropshire Education and Conference Centre (if you are attending a meeting there go to the entrance either at the front or the back of the building and, once you have explained why you are there, the barrier will be raised for you to park there) on two very important areas

Intermediate Care  

·          The Service Manager will speak on the free NHS funding of up to 6 weeks care in certain circumstances for people who are ‘failing’ in their own homes or who need some TLC before returning from hospital to their home.

Care at Home

·          A talk by a Local Authority Service Manager at the Shropshire County Council on provision of care for people in their own homes including the needs assessment process and the financial assessment.

Christine Wright who is the head of training at Health and Social Care will also be on hand to answer any questions we may have.

These are areas with which some of us may not be involved, but knowledge of them can be of enormous assistance to our elderly clients at times of difficulty.

e.g. In the financial assessment process, disability related expenditure is extremely important and some older clients need help in understanding this.

On Thursday 24th November, again at the Education and Conference Centre, a lecture by the SFE President Ann Edis on Elder Abuse.

Ann has, as many members will know, just developed a strategy for recognising, preventing and dealing with the abuse of older and vulnerable people.  This strategy is now with the Law Society and I believe, with its approval, may become a Law Society recommended document for solicitors and legal executives. 

MENTAL CAPACITY ACT 2005

You will all be aware that the Mental Capacity Act received the Royal Assent in April this year.  It will not be coming into force until at least the Spring of 2007 but will bring many changes.

It is important to note that although it will revoke the Enduring Powers of Attorney Act it will bring in, in schedule 4, all the provisions of that Act in relation to existing Enduring Powers of Attorney signed before the MCA is in force.  It is important to point out to clients now that they should use this opportunity to sign an EPA – if they have anyone whom they trust - because, when Lasting Powers of Attorney come into force there will be the cost not only of the preparation of the document but also a fee for registration at the Court of Protection BEFORE the document can be used. Lasting Powers of Attorney have a very positive benefit- they can be used to give power to trusted people to make personal and health decisions on your behalf but they will not be as  flexible as EPAs.

NHS CONTINUING HEALTHCARE FUNDING

You may be aware of the fact that the Health Committee of the government has issued a damning report on the existing system.  The report is well worth reading in full (www.publications.parliament.uk/pa/cm200405/cmselect/cmhealth/399/39902.htm). Its conclusions were included in the SFE Newsletter for May 2005, sent to all members of SFE. Strategic Health Authorities and Primary Care Trusts are well aware of this report and in your complaints it is worth quoting from the report to support you client’s case.

Personnel from the Health Service Ombudsman (they now have a dedicated department dealing with complaints in relation to NHS Continuing Healthcare Funding) have been so concerned about the criteria in operation in the Staffordshire and Shropshire Strategic Health Authority and with the processes adopted both there and in the Primary Care Trusts that they have made two visits here.  I believe that they were very hopeful that they could encourage the SHA to amend the very restrictive criteria which we have in place in Staffordshire and Shropshire,  (it is my belief that if we had a judicial review of these criteria they would be found to be unlawful),  but, they have not been successful.  However, I believe that members of the PCTs have taken on board the need to have comprehensive records and input from carers and family when considering if a person is eligible for NHS funding of care.  The personnel from the HSO  are also putting pressure on the PCTs to be more transparent with the reasons for their decisions.  We should never just accept a brief statement  which simply states that a person has been turned down but gives no adequate reasons. Our PCTs are certainly MUCH better now  and are doing more rigorous assessments and  reasons, but it is still a long way from being as it should be.

Let’s keep doing our best in this vital  area for our elderly and disabled clients !

Challenging the negative decisions REALLY DOES bring results, so lets all keep doing our best for our elderly and disabled clients!

COURTESY AT LOCAL HOSPITALS

I have recently spent time with PALS – the Patient Advisory Liaison Service at the hospital. They have had some troubling cases where solicitors have gone into hospital to see a patient with very questionable capacity, without first at least contacting the sister on the ward to see if a visit was appropriate or even wanted by the patient.

Please make sure that if you are approached by a friend or relative of a patient you are very clear about two questions :-

·          Who is your client?

·          What is their capacity?

 Do they meet the capacity test for that particular legal task e.g. to sign an EPA?  You may well need a medical opinion or the help of a speech and language therapist who use pictures etc to establish the intention of a patient whose speech has been affected by a stroke.

Please do not go into hospital without contacting a member of staff in advance and do remember (and advise your client’s family or friends) that NO member of staff is allowed to witness a legal document.

DOMESTIC BUSINESS

The committee is meeting this week. Please let us know what subjects you would like to be covered next year. We also need more volunteers please.

I received no response from members locally when I asked for suggestions about any particular event or meeting that they, as members, would like to have.  I’m still open to suggestions. Money is available and I feel should be used to benefit the SFE members.

Kind regards

Liz Holdsworth

Regional Co-ordinator, Shropshire SFE

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