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throughout the winter period. assumption that the individual is best-placed to • Protecting people who need care, support or judge the individual’s wellbeing, safeguards, the social care workforce and carers b) The individual’s views, wishes and feelings and from infections including COVID-19. beliefs, • Making sure that people who need care, c) The importance of preventing or delaying the support or safeguards remain connected to development of needs for care and support and essential services and their loves ones whilst the importance of reducing needs of either kind protecting individuals from infections including that already exist, COVID-19. d) The need to ensure that decisions about the The key issue for local authorities is the need individual are made having regard to all of the to manage a potential confl ict in terms of the individual’s circumstances, wellbeing of both care home residents and e) The importance of achieving a balance those in the community with care and support between the individual’s wellbeing and that of any needs as regards prevention of COVID-19, and friends or relations who are involved in caring for the detrimental impact that prolonged periods the individual, and without community access and visits from family f) The need to ensure that any restriction on the and friends may have on their mental health. individual’s rights or freedom of action that is

Need a fast Want to leave Need a fast Want to leave The Visiting Guidance addresses actions to Local Authorities, care providers and the NHS as regards the forms (pre-discharge testing, infection control Caring and care Require a Require a involved in the exercising of the function is kept to the minimum necessary for achieving the purpose for which the function is being exercised.

Need a fast and effective solution to buying Want to leave your affairs in order but not Require a prompt and efficient service and effective solution to buying or selling your home? your affairs in order but not sure where to start? prompt and efficient service to deal with your commercial and effective solution to buying or selling your home? your affairs in order but not sure where to start? prompt and efficient service to deal with your commercial Need a fast and effective solution to buying Want to leave your affairs in order but not Require a prompt and efficient service measures in care homes, limiting staff movement between settings and PPE). On the latter, the Department of Health and Social Care states that it will distribute tablet devices to care homes that are in greatest need, so that care home staff can Many of these wellbeing functions are “in play” where an individual is in a care home or community setting and is restricted from access to friends, family, community reserves and leisure/recreation activities. It is not diffi cult givers during the pandemic or selling your or selling your sure where to sure where to to deal with your transactions? transactions?to deal with your home? start?home? startNone of us could ever have envisaged the catastrophic effects of being unable to see or touch our loved ones – certainly not for the protracted period of time many have had to endure. Loved ones entrusted into care settings such as ? commercial transactions? commercial transactions?“ Throughout the COVID-19 Pandemic there has been a signifi cant tension between the imperative to protect the health and social

Need a fast and effective solution to buying or selling your home? Want to leave your affairs in order but not sure where to start? Require a prompt and efficient service to deal with your commercial transactions? Offering tailored, individual legal solutions in the areas of: n Residential Conveyancing n Commercial Property n Company Commercial n Human Rights and Judicial Review n Mental Health Law n NHS Continuing Healthcare Offering tailored, individual legal solutions in the areas of: n Residential Conveyancing n Commercial Property n Company Commercial n Litigation n Wills, Estate Planning and Probate n Human Rights and Judicial Review n Mental Health Law n NHS Continuing Healthcare Assessments and Appeals n Social Care Assessments and Offering tailored, individual legal solutions in the areas of: n Residential Conveyancing n Commercial Property n Company Commercial n Litigation n Wills, Estate Planning and Probate n Human Rights and Judicial Review n Mental Health Law n NHS Continuing Healthcare Assessments and Appeals n Social Care Assessments and Offering tailored, individual legal solutions in the areas of: n Residential Conveyancing n Commercial Property n Company Commercial n Human Rights and Judicial Review n Mental Health Law n NHS Continuing Healthcare residential homes and the majority of nursing have been there to there to receive the care and support they require for their medical health and social needs. The Pandemic has resulted in lockdowns which means many individuals have been deprived of their right to family and private life. Within the community throughout the COVID-19 Pandemic there has been a signifi cant tension between the imperative to protect the health and access remote health consultants for the people in their care. This will also support care home residents to stay connected with their families and loved ones. Technical and user support will be provided to set up the devices for use by care providers. to see how those restrictions are capable of exacerbating existing mental and physical ill health. Whatever the circumstance, my advice is to maintain positive dialogues with the care home settings, the managers and the professionals. care users and the social care workforce “

Offering tailored, individual legal solutions in the areas of: n Residential Conveyancing n Human Rights and Judicial Review n Litigation n Wills, Estate Planning and Probate n Lasting Powers of Attorney Assessments and Appeals n Social Care Assessments and representation n Lasting Powers of Attorney n Deputyship applications n Professional appointment of representation n Access to Medical Records n Arrangement of Care Provision n Lasting Powers of Attorney n Deputyship applications n Professional appointment of representation n Access to Medical Records n Arrangement of Care Provision n Litigation n Wills, Estate Planning and Probate n Lasting Powers of Attorney Assessments and Appeals n Social Care Assessments and representation social care users and the social care workforce and the need to respect the family life and private life rights of those who might be subject to protective restrictions. At certain points in On the issue of visits to those in care homes the Winter Guidance refers to the (now updated) Visiting Guidance which requires a risk assessment based approach to family members attending care There is a glimmer of hope that a vaccine will bring about a relaxation and at some point in the coming months of life, returning to some sort of normality. n Commercial Property n Company Commercial n Litigation n Mental Health Law n NHS Continuing Healthcare Assessments and Appeals n Deputyship applications n Professional appointment of n Access to Medical Records n Arrangement of Care Provision Attorneys and Deputies n Health and Welfare AdvocacyAttorneys and Deputies n Health and Welfare Advocacyn Deputyship applications n Professional appointment of n Access to Medical Records n Arrangement of Care Provision the Pandemic, some local areas and institutions have implemented “blanket bans” on visiting in a way which is likely to be disproportionate and homes. Overall the Winter Guidance is clear that the “fi rst priority” remains to prevent infections in care homes and protect staff and residents. Should you feel you or your loved ones have concerns regarding the issues raised in this n Wills, Estate Planning and Probate n Social Care Assessments and Attorneys and Deputies n Health and Welfare AdvocacyAttorneys and Deputies n Health and Welfare Advocacytherefore contrary to Article 8 of the European The Guidance does not engage with the effects article please contact Anne on 01822 612535 n Lasting Powers of Attorney Convention on Human Rights (ECHR). representationof this on the duty of a Local Authority, in or annereed@chilcottslaw.com n Deputyship applications n Professional appointment of Attorneys and Deputies n Access to Medical Records n Arrangement of Care Provision n Health and Welfare Advocacy “Thank you for all your expert and timely advice. The support and “Thank you for all your expert and timely advice. The support and The COVID-19 Winter Plan 2020-2021 is guidance aimed at Local Authorities, NHS organisations, care providers and the Care Quality Commission exercising its functions under the Care Act 2014, to promote the “wellbeing” of an individual. Wellbeing includes physical and mental health Client Chilcotts Law File Name 8100 Chilcotts Law Magazine Advert Amend

“Thank you for all your expert and timely advice. The support and kindness shown throughout such a stressful period was invaluable. Your firm will certainly come with the highest recommendation to our “Thank you for all your expert and timely advice. The support and kindness shown throughout such a stressful period was invaluable. Your firm will certainly come with the highest recommendation to our kindness shown throughout such a stressful period was invaluable. Your firm will certainly come with the highest recommendation to our contacts.” kindness shown throughout such a stressful period was invaluable. Your firm will certainly come with the highest recommendation to our contacts.” “Thank you for all your expert and timely advice. The support and kindness shown throughout such a stressful period was invaluable. Your firm will certainly come with the highest recommendation to our n Residential Conveyancing n Commercial Property n Deputyship applications n Professional appointment of n Assessments and Appeals n Social Care Assessments and Offering tailored, individual legal solutions in the areas of: We can deliver prompt and effective solutions to all your legal requirements (CQC). For Local Authorities it should be read alongside the Adult Social Care Action Plan (April 2020) and updated Visiting Guidance (21st September 2020) and ADASS Guidance (Sept 2020). The Government’s three overarching priorities for adult social care are described as: and emotional wellbeing, control by the individual over day-to-day life, participation in work, education, training or recreation, domestic, family and personal relationship and the individual’s contribution to society [s.1(2)]. Under s.1(3), in exercising a function under this part in the care of an individual, a local authority must have regard to Artworker Proof Stage PRINT Finished Size 157x226.5mm Creative Director Mike Lane Artwork % 100% Modification Date 06/10/16 9:45AM Bleed 3mm Anne Reed Anne contacts.”contacts.”contacts.” n Company Commercial n Litigation n Wills, Estate Planning and Probate • Ensuring everyone who needs care and support can get high quality, timely and safe care Attorneys and Deputies n Human Rights and Judicial Review n Mental Health Law the matters which include: a) The importance of beginning with the representation n Access to Medical Records n Arrangement of Care Provision Solicitor Director Chilcotts Law n Lasting Powers of Attorney n NHS Continuing Healthcare n Health and Welfare Advocacy 10-12 Plymouth Road, 10-12 Plymouth Road, 10-12 Plymouth Road, Get in touch today: Tavistock, Devon, PL19 8AY Tavistock, Devon, PL19 8AY Tavistock, Devon, PL19 8AY info@chilcottslaw.com chilcottslaw.com 10-12 Plymouth Road, 10-12 Plymouth Road, 01822 612535 Get in touch today: info@chilcottslaw.com chilcottslaw.com info@chilcottslaw.com chilcottslaw.comGet in touch today: Tavistock, Devon, PL19 8AYTavistock, Devon, PL19 8AY