Charging, the Care Act and capacity – in conversation with Arianna Kelly and Alex Ruck Keene

39 Essex Chambers member, Alex Ruck Keene, is joined by colleague Arianna Kelly to discuss her new book Social Care Charging (Law Society, 2023) for his Mental Capacity Law and Policy blog.

They explored why Arianna wrote the book as well as her background dealing with these matters. Arianna gives clarity on what people do and don’t need to pay for with their social care, and think about how charging issues arise in the context of those with impaired decision-making capacity.

They also discuss:

1. Does someone need to consent to charging care?
2. What form does consent to care and support mean in regards with charging?
3. Statutory guidance on the matter of charging and what councils should consider if the
4. individual has the right to participate in the conversation.
5. Choice of accommodation and limitations on how the local authority can accommodate this.

Watch the conversation here.

Arianna’s book Social Care Charging was released in October 2023.

Alex Ruck Keene KC (Hon) produces a monthly Mental Capacity Report.

Arianna’s year of call was 2013 and since then she has carved out an impressive public law practice
which has a focus in community care, mental capacity, serious medical treatment, mental health law
and inquests.

Alex Ruck Keene KC (Hon) is an experienced barrister, writer and educator whose practice has
focused on mental capacity, mental health and healthcare law makes him a valuable consultant to
this project which has the potential to support the individuals and families of children with
disabilities across the UK. In March 2022, Alex was made an honorary KC, reflecting his contributions
to mental capacity and mental health law outside the court room.