Life Expectancy, Expert Evidence, the Strauss Tables and the Relevance of the Quality of Care: Detailed Consideration by the High Court – Zenith PI Blog

‘This Blog has already looked at the case of Robshaw -v- United Lincolnshire Hospital NHS Trust [2015] EWHC 923 (QB) in the context of judicial consideration of the basic principles of the law of damages. However the judgment of Mr Justice Foskett also contains some important observations in relation to life expectancy. In particular the approach to be taken when dealing with evidence from experts and statistical analysis.’

Full story

Zenith PI Blog, 12th April 2015

Source: www.zenithpi.wordpress.com

Comments Off on Life Expectancy, Expert Evidence, the Strauss Tables and the Relevance of the Quality of Care: Detailed Consideration by the High Court – Zenith PI Blog

Care system gets ‘biggest shake-up in 60 years’ – BBC News

‘Major changes to the care system in England are being introduced in what is being dubbed the biggest shake-up for 60 years.’

Full story

BBC News, 1st April 2015

Source: www.bbc.co.uk

Comments Off on Care system gets ‘biggest shake-up in 60 years’ – BBC News

Catholic priest Anthony McSweeney jailed for sex abuse – BBC News

‘A “voyeuristic” Catholic priest who sexually assaulted a teenage boy at a children’s home in west London has been jailed for three years.’

Full story

BBC News, 27th March 2015

Source: www.bbc.co.uk

Comments Off on Catholic priest Anthony McSweeney jailed for sex abuse – BBC News

Regina (Forge Care Homes Ltd) and others v Cardiff & Vale University Health Board and others – WLR Daily

Posted March 27th, 2015 in budgets, care homes, judicial review, news, nurses by sally

Regina (Forge Care Homes Ltd) and others v Cardiff & Vale University Health Board and others [2015] EWHC 601 (Admin); [2015] WLR (D) 134

‘The definition of “nursing care by a registered nurse” in section 49 of the Health and Social Care Act 2001 was not a task based definition which restricted “services” to the tasks which only a registered nurse could perform.’

WLR Daily, 11th March 2015

Source: www.iclr.co.uk

Comments Off on Regina (Forge Care Homes Ltd) and others v Cardiff & Vale University Health Board and others – WLR Daily

Court of Protection Issues – Thirty Nine Essex Street

‘This paper provides an overview of the procedure which has been put in place to implement the streamlined process by which the Court of Protection may authorise deprivations of liberty following the Supreme Court decision in P v Cheshire West and Chester Council and P and Q v Surrey County Council [2014] UKSC 19.’

Full story (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

Comments Off on Court of Protection Issues – Thirty Nine Essex Street

Historical child abuse: Key investigations – BBC News

‘There are a number of ongoing investigations and inquiries – criminal and otherwise – into historical abuse allegations at institutions across the UK. Here is a guide to the key inquiries and their scope.’

Full story

BBC News, 17th March 2015

Source: www.bbc.co.uk

Comments Off on Historical child abuse: Key investigations – BBC News

Home secretary: Cyril Smith cover-up claims ‘could lead to prosecutions’ – The Guardian

‘Theresa May has said the claims a police investigation into the late Liberal MP Cyril Smith was scrapped, and corruption blocked other historic police operations into child abuse, were “shocking and could lead to criminal prosecutions”.’

Full story

The Guardian, 17th March 2015

Source: www.guardian.co.uk

Comments Off on Home secretary: Cyril Smith cover-up claims ‘could lead to prosecutions’ – The Guardian

Ofsted finds authorities wanting on child social care – BBC News

Posted March 10th, 2015 in care homes, children, delay, local government, news, reports, social services by tracey

‘Child social care is “inadequate” or “requires improvement” in three-quarters of the local authorities in England inspected by Ofsted last year.’

Full story

BBC News, 10th March 2015

Source: www.bbc.co.uk

Comments Off on Ofsted finds authorities wanting on child social care – BBC News

Professionals blamed Oxfordshire girls for their sexual abuse, report finds – The Guardian

‘Police and social workers in Oxfordshire had a tainted perception that girls as young as 11 consented to sex with men who raped and brutalised them, an independent report into the failure to stop their exploitation has said.’

Full story

The Guardian, 3rd March 2015

Source: www.guardian.co.uk

Comments Off on Professionals blamed Oxfordshire girls for their sexual abuse, report finds – The Guardian

Council gets High Court breach of contract claim from care provider struck out – Local Government Lawyer

Posted February 25th, 2015 in care homes, contracts, costs, fees, local government, news, residential care by sally

‘Cornwall Council has successfully applied to have a breach of contract claim brought by a care provider struck out just as a trial listed for five days was about to start.’

Full story

Local Government Lawyer, 24th February 2015

Source: www.localgovernmentlawyer.co.uk

Comments Off on Council gets High Court breach of contract claim from care provider struck out – Local Government Lawyer

In re AJ (Deprivation Of Liberty: Safeguards) – WLR Daily

In re AJ (Deprivation Of Liberty: Safeguards) [2015] EWCOP 5 ; [2015] WLR (D) 64

‘In situations involving a deprivation of liberty local authorities and professionals needed to be alert to cases where vulnerable people were admitted to residential care, ostensibly for respite care, when the underlying plan was for a permanent placement without proper consideration of their rights under article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 10th February 2015

Source: www.iclr.co.uk

Comments Off on In re AJ (Deprivation Of Liberty: Safeguards) – WLR Daily

Costs and care homes – Law Society’s Gazette

‘Public authority decisions are, of course, open to judicial review. However, such decisions are fundamentally the domain of the relevant decision-maker and not the court. The court’s sole function (in appropriate cases) is to review the substantive and procedural lawfulness of the decision in question but not its intrinsic merits.’

Full story

Law Society’s Gazette, 2nd February 2015

Source: www.lawgazette.co.uk

Comments Off on Costs and care homes – Law Society’s Gazette

Late claimant’s bid to delay trial refused – Law Society’s Gazette

Posted February 4th, 2015 in care homes, costs, delay, news, privilege, time limits, witnesses by sally

‘The High Court has rejected a non-compliant claimant’s plea to set aside a trial date but stopped short of effectively ending the claim altogether.’

Full story

Law Society’s Gazette, 30th January 2015

Source: www.lawgazette.co.uk

Comments Off on Late claimant’s bid to delay trial refused – Law Society’s Gazette

Court of Appeal: Solicitors cannot recover costs if CFAs failed to comply with cancellation regulations – Litigation Futures

Posted February 2nd, 2015 in appeals, care homes, contracts, costs, fees, news, notification, personal injuries, solicitors by sally

‘Appeal judges have ruled that solicitors cannot recover their costs where conditional fee agreements (CFAs) fail to comply with the cancellation of contracts regulations, with a potential impact on a significant number of cases.’

Full story

Litigation Futures, 2nd February 2015

Source: www.litigationfutures.com

Comments Off on Court of Appeal: Solicitors cannot recover costs if CFAs failed to comply with cancellation regulations – Litigation Futures

What price liberty? Damages, DOLS and a cat named Fluffy – UK Human Rights Blog

‘With a significant backlog of care home cases in the Court of Protection, P’s case runs the risk of becoming something of a precedent on the question of damages for unlawful detention. However, as far as calculation of damages goes, it is light on analysis of principle. This post seeks to explore whether the considerable case law that has developed on damages for false imprisonment in other situations may help illuminate what this type of case is worth.’

Full story

UK Human Rights Blog, 29th January 2015

Source: www.ukhumanrightsblog.com

Comments Off on What price liberty? Damages, DOLS and a cat named Fluffy – UK Human Rights Blog

Elderly man ‘held prisoner’ in care home – Daily Telegraph

‘An elderly man suffering from dementia was treated like a “prisoner” after social workers dispatched him to a nursing home against his and his family’s wishes without going through proper legal processes, a formal investigation has found.’

Full story

Daily Telegraph, 28th January 2015

Source: www.telegraph.co.uk

Comments Off on Elderly man ‘held prisoner’ in care home – Daily Telegraph

£60k compensation for pensioner, 91, locked away from his cat – Daily Telegraph

Posted January 22nd, 2015 in care homes, compensation, costs, detention, elderly, mental health, news, social services by sally

‘Judge says it is ‘hard to imagine a more depressing and inexcusable’ case than that of the WWII veteran taken from his home against his wishes by Essex council.’

Full story

Daily Telegraph, 21st January 2015

Source: www.telegraph.co.uk

Comments Off on £60k compensation for pensioner, 91, locked away from his cat – Daily Telegraph

Too many young adults go from ‘in care’ directly to jail – The Independent

Posted December 8th, 2014 in benefits, care homes, homelessness, news, prisons, young offenders, young persons by sally

‘Young adults leaving care are being let down by the justice system, according to a new academic study. Despite up to a third of the current prison population having experienced the care system, criminal justice professionals are ignorant of ways to help young care leavers stay out of jail, it warns.’

Full story

The Independent, 7th December 2014

Source: www.independent.co.uk

Comments Off on Too many young adults go from ‘in care’ directly to jail – The Independent

Children’s home owner John Allen found guilty of 26 sexual abuse charges – The Guardian

Posted November 27th, 2014 in care homes, carers, child abuse, complaints, news, police, sexual offences, social services by sally

‘The owner of a group of children’s homes has been found guilty of 26 charges of sexual abuse against troubled and vulnerable youngsters who were in his care.’

Full story

The Guardian, 26th November 2014

Source: www.guardian.co.uk

Comments Off on Children’s home owner John Allen found guilty of 26 sexual abuse charges – The Guardian

Drive to end Winterbourne View-style care going backwards, official report shows – Daily Telegraph

‘Report commissioned by NHS calls for closure of all Winterbourne View-style institutions for disabled patients but Chief Nursing Officer insists complexity of cases leading to slow progress.’

Full story

Daily Telegraph, 26th November 2014

Source: www.telegraph.co.uk

Comments Off on Drive to end Winterbourne View-style care going backwards, official report shows – Daily Telegraph