Challenging decisions to reduce social care in Scotland

In a judicial review permission hearing today (15 June 2017), Glasgow City Council (GCC) gave an undertaking to the court that they would not implement a decision to reduce the care of a severely disabled elderly lady residing in Glasgow South West.

The concession made before Lord Ericht by Anna Poole Q.C., counsel for GCC was with respect to a decision to reduce the provision of 24/7 care workers for a 74 year old lady with cerebral palsy by up to three hours a day. The petitioner was represented in court by Govan Law Centre's (GLC) Mike Dailly.

The Council had decided that the provision of a care worker would be replaced with "tele-care", a remote contacting system, notwithstanding medical evidence confirmed that the petitioner's health had deteriorated and her care needs had in fact increased.  Accordingly, with the undertaken given, the petition was dismissed with no expenses.  It is important to note that any challenge to the provision of social care will turn on the individual facts and circumstances of each case.

From 1st April 2017 the "Social Work Complaints Review Committee", established under section 5B of the Social Work (Scotland) Act 1968, has been abolished.  This system still applies for pre-1 April 2017 complaints on a transitional basis.  More details of the new regime is available here: http://www.valuingcomplaints.org.uk/handling-complaints/complaints-procedures/social-work

Under the new system the first stage is to lodge a complaint to the local authority. They may simply decide the complaint on the papers, or agree to an investigation and then issue a decision.  If a service user remains dissatisfied they can complain to the Scottish Public Service Ombudsman (SPSO). The SPSO can now also consider complaints on professional judgments made by social workers.

This is a complex area of law, and if you live in the Southside or North East of Glasgow you can contact GLC for help, advice and representation where appropriate. Contact us on 0141 440 2503. Alternatively, if a case is within Scotland  and it raises an issue of wider strategic public interest and importance, we may be able to assist - please contact pilu@ govanlc.com

Challenging decisions to reduce social care in Scotland

govanlawcentre.org - our new website goes live

Govan Law Centre (GLC) has launched a new website which you can find at govanlawcentre.org

Our aim is to set out detailed information on the work that we do at the law centre - our various projects that serve Scotland and beyond, our campaigns, policy and law reform work, and public interest strategic litigation and test case work. As well as showcasing particular initiatives that may be of wider interest to the public and/or advisors.

This blog will continue meantime, but if you want to find out what we are all about please bookmark and visit govanlawcentre.org We will be updating the new site, and adding greater functionality to it, as well as utilising video and audio where appropriate.

govanlawcentre.org - our new website goes live

GLC Principal Solicitor interview in The Herald, 17 May 2017

Below is an extract of an interview with our Principal Solicitor, Mike Dailly, with The Herald's personal finance editor and business correspondent, Margaret Taylor, published on the 17 May 2017. A link to the full article is reproduced below.

＂IT IS somewhat fitting that the converted cells of Govan’s old Orkney Street Police Station are now home to Govan Law Centre, given that the man who runs it - principal solicitor Mike Dailly - takes no prisoners when it comes to fighting for justice.  When you consider the type of work he and his colleagues do - defending mortgage repossessions, fighting eviction cases, advising on money matters and welfare rights - you can understand why. With little or no voice of their own, Mr Dailly’s clients depend on him to fight their corner for them. “Our work is about enforcing people’s rights and enabling them to access those rights and access justice,” Mr Dailly said.＂(read the article on The Herald's online site here).

GLC Principal Solicitor interview in The Herald, 17 May 2017

Govan Law Centre to launch Glasgow Asylum Seekers Project

Dee Flanigan, Glasgow Asylum
Seekers Project solicitor

Govan Law Centre (GLC) is delighted to announce that with the support of The AB Charitable Trust we are now in a position to launch a Glasgow Asylum Seekers Project with a particular focus on housing, health and the living conditions of asylum seekers and their families and children in Glasgow.

There are approximately 10,000 refugee and asylum seekers in Glasgow. Asylum seekers have no right to work, cannot access the benefit system and rely on public services. Failed asylum seekers are exploited and are often living in very poor conditions. Many are destitute. 

 

Research by both the Glasgow Caledonian University and Scottish Refugee Council show 96% of refugees experience homelessness at some point after receiving their status. Many slip through the net and spend time ‘sofa-surfing’ and rough sleeping. The research also showed that half are unhappy with their living conditions. Lack of basic knowledge of services, rights and opportunities means clients do not know what to do to improve their situation.

GLC's Principal Solicitor, Mike Dailly said: "We are convinced there is much unmet legal need amongst asylum seekers and refugees in Glasgow. We will use the law to inform, enforce rights and opportunities, and ensure full access to public services to improve the lives of refugees and asylum seekers in Glasgow".  

GLC's Glasgow Asylum Seekers Project will work with a number of partner organisations, including the Asylum Seeker Housing project.  Our project will be headed up by Dee Flanigan, solicitor at Govan Law Centre. 

Govan Law Centre to launch Glasgow Asylum Seekers Project

Significant increase in Govan Law Centre's casework in the last financial year

Govan Law Centre's (GLC) Annual Monitoring Report to Glasgow City Council has revealed a significant increase in legal casework, and gains secured for clients across Glasgow's South and North East communities.  The Annual Monitoring Report is a requirement of the local authority's Integrated Grant Fund. GCC funding to GLC represents almost one quarter of the law centre's income.

GLC believes not only do we provide a service four times the size of that vital investment, but much greater added value when the quality and specialist nature of legal work is considered, together with the law centre's work in the fields of social policy and best practice, law reform, public interest litigation and test case work. Key statistics and highlights from our legal work in Glasgow during 2016/17 include:

⧫  A 20% increase in "type 3" cases (cases which involve sheriff court or tribunal representation) from 798 cases in the last financial year to almost 1,000 this year

⧫  1,353 new clients

⧫  Resolved or prevented homelessness for 600 clients in Glasgow, and issued 1,200 "section 11" prevention of homelessness contacts

⧫  Improved living conditions for 292 clients, and ensured better affordability in living costs for 138 clients

⧫  A 10% increase in the City-wide housing debt handled by GLC's solicitors and caseworkers from almost £5.5m in the last financial year to almost £6 million pounds this year

⧫  Secured direct financial gains for clients in the sum of £412,747

⧫  GLC gave evidence to the Scottish Parliament's Economy Committee and helped persuade the Scottish Government to withdraw the draft Bankruptcy Fees (Scotland) Order 2017, which would have seen some fees against homeowners increase by almost 200%.

⧫  In addition to working with the Scottish Bar in cases, we also provided an in-house Solicitor Advocate service for clients undertaking urgent petitions for judicial reviews in the Court of Session against HMRC, the Scottish Government and local authorities, together with actions for suspension and interdict. We also undertook in-house appeals to the Inner House of the Court of Session in relation to issues concerning fair rents, and housing grants.

⧫  We established a pilot Women's Rights legal service in partnership with Tea in the Pot

⧫  We established and funded a Scottish Personal Insolvency Law Unit

⧫  We launched a City-wide dedicated Private Rented Tenants' Project for Glasgow with almost half a million pounds in funding from the Big Lottery Fund's Investing in Communities Programme

Significant increase in Govan Law Centre's casework in the last financial year