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.’

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Local Government Lawyer, 24th February 2015

Source: www.localgovernmentlawyer.co.uk

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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

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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.’

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Law Society’s Gazette, 2nd February 2015

Source: www.lawgazette.co.uk

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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.’

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Law Society’s Gazette, 30th January 2015

Source: www.lawgazette.co.uk

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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.’

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Litigation Futures, 2nd February 2015

Source: www.litigationfutures.com

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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.’

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UK Human Rights Blog, 29th January 2015

Source: www.ukhumanrightsblog.com

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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.’

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Daily Telegraph, 28th January 2015

Source: www.telegraph.co.uk

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£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.’

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Daily Telegraph, 21st January 2015

Source: www.telegraph.co.uk

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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.’

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The Independent, 7th December 2014

Source: www.independent.co.uk

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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.’

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The Guardian, 26th November 2014

Source: www.guardian.co.uk

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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.’

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Daily Telegraph, 26th November 2014

Source: www.telegraph.co.uk

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Covert care camera guidance approved by Care Quality Commission – BBC News

‘Guidance for people who install hidden cameras to check on standards of their own or a relative’s care has been approved by the Care Quality Commission (CQC).’

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BBC News, 19th November 2014

Source: www.bbc.co.uk

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The Duty to Inform and Consult under Regulation 13 of TUPE – Tanfield Chambers

‘The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) have provided a wide range of case law since they came into force. Decisions have often been focused on issues such as what constitutes a relevant transfer or the effect ofinsolvency on a transfer. However, there has been surprisingly little case law which deals with the Regulation 13 TUPE duty to inform and consult and the Regulation 15 TUPE claim to a tribunal for a failure to inform and consult.’

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Tanfield Chambers, 16th October 2014

Source: www.tanfieldchambers.co.uk

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Family of girl who killed herself after arrest challenges detention policy – The Guardian

‘Kesia Leatherbarrow broke a window trying to enter a residential care home for ex-addicts to visit a friend. When officers arrested the 17-year-old, they discovered a small quantity of cannabis. She spent two nights and three days in police custody; a few hours after being released, she hanged herself.’

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The Guardian, 2nd November 2014

Source: www.guardian.co.uk

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Is this a good time to dilute care home rules? – The Guardian

Posted October 22nd, 2014 in care homes, news, regulations, reports by sally

‘New laws aim to relax rules for care homes at a time when a report reveals 100 allegations of abuse to residents every day.’

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The Guardian, 21st October 2014

Source: www.guardian.co.uk

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Patchy dementia care puts patients at risk of unnecessary suffering, says CQC – The Guardian

Posted October 13th, 2014 in care homes, elderly, health, hospitals, mental health, news, quality assurance, standards by sally

‘Nine out of 10 care homes and hospitals in England have aspects of care for people with dementia that are variable or poor, making those with the condition likely to receive substandard treatment at some point, according to an important review by the NHS regulator.’

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The Guardian, 13th October 2014

Source: www.guardian.co.uk

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Council’s decision to close elderly care home not unlawful – UK Human Rights Blog

Posted October 3rd, 2014 in care homes, equality, human rights, judicial review, local government, news by tracey

‘Karia, R (on the application of) v Leicester City Council (Sir Stephen Silber, acting as High Court Judge) [2014] EWHC 3105 (Admin) (30 September 2014. In a robust judgment Sir Stephen Silber has asserted that neither the ordinary laws of judicial review, nor the Equality Act nor the Human Rights Act require the courts to micro-manage the decisions of public authorities. Indeed the latter two statutory powers are not designed as a back door into a merits review of a decision that is restricted to the court’s review of the legality of a public sector decision.’

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UK Human Rights Blog, 2nd October 2014

Source: http://ukhumanrightsblog.com

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Care home restraint seven times level previously thought – Daily Telegraph

‘At least seven times as many elderly and disabled people are being routinely restrained or locked up in care homes and hospitals as previously thought, new Government figures suggest. Councils have faced a surge in applications for legal clearance to deprive patients of their liberty following a landmark Supreme Court ruling earlier this year upholding the right of those deemed to lack mental capacity to the same basic freedoms as everyone else.’

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Daily Telegraph, 2nd October 2014

Source: www.telegraph.co.uk

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Abertillery care home nurses struck off over ‘shocking failings’ – BBC News

Posted October 2nd, 2014 in care homes, disciplinary procedures, disqualification, news, nurses by tracey

‘Two nurses whose care led to “avoidable harm to vulnerable patients” at an Abertillery care home have been struck off by the Nursing and Midwifery Council.’

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BBC News, 1st October 2014

Source: www.bbc.co.uk

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Council defeats claim brought on behalf of 101 year old over care home closure – Local Government Lawyer

Posted October 1st, 2014 in care homes, elderly, equality, judicial review, local government, news by tracey

‘A city council has successfully defended a High Court challenge brought on behalf of a 101-year-old resident over its decision to close her care home.’

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Local Government Lawyer, 30th Spetember 2014

Source:  www.localgovernmentlawyer.co.uk

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