Funding Care - Safeguarding & Care Homes - 2026 Virtual Conference

Introduction

Chaired by Caroline Bielanska, this virtual conference brings together leading practitioners to examine the legal complexities of adult social care. Covering capacity and residency decisions, safeguarding developments, funding disputes, and the application of mental capacity legislation, the programme offers clear analysis of case law, statutory frameworks, and practical implications. Designed for in house counsel and lawyers in private practice, it provides authoritative insight into current challenges and emerging risks in this evolving area of law.

Conference Agenda

This live and interactive 5 hour conference will cover the following:

10am-11am: Moving into a Care Home: Who Decides?

Caroline Bielanska, Independent Consultant Solicitor & Mediator

This session will cover:

• Capacity to decide care and residency
• Applying case law to your own cases
• What if there is no welfare attorney or deputy?
• 'Granny knapping'
• When is it necessary to involve the local authority?
• Dispute resolution including obtaining a court order

Morning Break

11:10am-12:10pm: Running Out of Money to Self-Fund

Caroline Bielanska, Independent Consultant Solicitor & Mediator

As care costs continue to rise, increasing numbers of individuals are finding themselves unable to continue self-funding their care. This session will explore the legal framework and practical steps involved when an individual runs out of funds, including how to navigate local authority responsibilities, placement disputes, and the legal implications of asset depletion. Using real-world examples and relevant case law, the session will provide delegates with clarity on the legal duties, risks, and options available in these complex and sensitive situations.

The session will help you to:

• Understand the process and legal criteria for securing local authority funding when an individual can no longer self-fund
• Assess whether a local authority is obliged to fund an individual’s current placement and under what circumstances
• Identify the legal and practical considerations involved in moving a care home resident to an alternative placement
• Analyse the legal implications of deliberate deprivation of assets, including how local authorities assess and challenge such cases

12:10pm-1:10pm: Legal Update Safeguarding

Fiona Scolding KC, Barrister, Landmark Chambers

This session will provide an essential update on recent legal and policy developments in safeguarding, with a particular focus on issues relevant to care home settings. Examining key case law and statutory guidance, the session offers practical insight into how these developments impact day-to-day legal practice and decision-making in both public and private sector contexts.

You will:

• Gain an up-to-date understanding of recent case law and legislative changes in safeguarding
• Explore the implications of safeguarding duties in care home and supported living environments
• Consider practical challenges in implementing safeguarding responsibilities, including multi-agency working
• Understand the legal risks and responsibilities for organisations and legal teams involved in care provision

Break for lunch

2-3pm: Funding for Adult Social Care

Sian Davies, Barrister, 39 Essex Chambers

Resources are a key concern for public bodies in relation to adult social care provision, and for individual service users and their families in relation to their care and support needs being met. As pressures increase on local authority budgets, these issues have increasingly formed the basis of legal complaint and challenge.

This session will address the legal underpinning and practicalities of funding for adult social care, looking at statutory schemes, guidance, and case law, with practical examples to support learning.

It will cover:

• Care Act 2014 and market shaping obligations
• Relevance of resources in relation to care and support provision
• Mandatory orders, R(Imam) v LB Croydon [2023] UKSC 45 and application to the Care Act 2014

Afternoon break

3:15-4:15pm: MCA, DoLS, and Care Homes

Tim Spencer-Lane, The Law Commission

Care homes present some of the most complex and sensitive challenges in applying mental capacity and deprivation of liberty legislation. This session will delve into how the Mental Capacity Act 2005 (MCA) and the Deprivation of Liberty Safeguards (DoLS) operate in practice within these settings. It will also provide an update on the legal landscape, including recent case law and possible shift to the Liberty Protection Safeguards (LPS). With a focus on legal duties and practical application, the session will support delegates in navigating this evolving and high-stakes area of law.

It will cover:

• Understanding the application of the MCA and DoLS within care home environments
• Recent case law and its impact on the interpretation and implementation of DoLS
• The planned transition from DoLS to LPS and the implications for care home practice and legal compliance
• The roles and responsibilities of legal professionals in supporting care providers and local authorities to meet their duties under the MCA
• Practical approaches to ensuring lawful and proportionate deprivation of liberty in care settings

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.