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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Children’s care homes abuse claims increase to 13 – BBC News

‘An investigation into abuse at a children’s care home has been widened to include other establishments.’

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BBC News, 12th September 2014

Source: www.bbc.co.uk

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‘Monstrous child sexual predator’ John Laister jailed – BBC News

‘An ex-Sunday school teacher who raped and sexually abused young girls under his care has been jailed for 14 years.’

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BBC News, 9th September 2014

Source: www.bbc.co.uk

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Care workers take Hampshire home employers to tribunal over pay and working hours – The Guardian

‘Eleven female carers to the elderly are taking their employers to a tribunal claiming they were only paid by the minutes they spent with clients rather than their rostered working hours. The staff, who were on zero-hours contracts, allege that, due to the arrangements, they were paid less than the minimum wage of £6.31 an hour. It is understood that some of the employees at Apex Care in Romsey, Hampshire, where the firm was commissioned to provide the home care service by the council, believe their real hourly wage was close to £3.50.’

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The Guardian, 17th August 2014

Source: www.guardian.co.uk

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Parents accused of ‘emotionally harming’ child by not naming him, win right to appeal – Daily Telegraph

Posted August 4th, 2014 in adoption, appeals, care homes, children, learning difficulties, names, news by sally

‘A couple from Hertfordshire who had their five-month-old baby taken off them because they refused to name him, have won the right to appeal the decision.’

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Daily Telegraph, 1st August 2014

Source: www.telegraph.co.uk

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Family loses fight to keep autistic daughter in Swansea – BBC News

Posted August 4th, 2014 in autism, care homes, disabled persons, families, news by sally

‘A Swansea family has lost its bid to prevent a health board moving their autistic daughter to a specialist unit in Brighton.’

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BBC News, 1st August 2014

Source: www.bbc.co.uk

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Watchdog gets new powers to close failing care homes – Daily Telegraph

Posted July 16th, 2014 in care homes, elderly, news, ombudsmen, standards by tracey

‘Failing care homes will be put on “special measures” and closed down if they fail to improve, under new powers given to watchdogs in the wake of a series of scandals.’

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Daily Telegraph, 16th July 2014

Source: www.telegraph.co.uk

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They think it’s all over … – NearlyLegal

‘We covered the case of Beech v Birmingham CC in the High Court here. The appeal to the Court of Appeal was heard on 11/6/2014 and judgement was given on 17/6/2014.

I will not repeat the facts here except to say that the appeal was narrowed down to only two grounds of challenge: namely that the notice to quit was procured from the late Mrs Warren under undue influence from the housing officer, Mr Pumphrey, and that it had been given when no formal mental capacity assessment had been carried out, in breach of the Code of Practice issued under s.42(1)(a) of the Mental Capacity Act 2005 (the ‘public law defence’).’

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NearlyLegal, 22nd June 2014

Source: www.nearlylegal.co.uk

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North Somerset care home staff sentenced for ill-treating resident – BBC News

‘Three former care home workers who mistreated a resident with Alzheimer’s disease have been barred for life from working with vulnerable adults.’

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BBC News, 20th June 2014

Source: www.bbc.co.uk

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Care homes operator pays compensation to family of elderly resident subjected to ‘sickening’ abuse – Legal Futures

‘The owners of a care home where staff were jailed after being caught on camera physically and verbally abusing a 89-year-old woman have finally agreed a compensation settlement with her family for allowing the ‘sickening’ treatment to happen.’

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Legal Futures, 19th June 2014

Source: www.legalfutures.co.uk

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Orchid View care home scandal review ‘not enough’ – BBC News

Posted June 10th, 2014 in care homes, elderly, inquiries, news, reports by sally

‘A man whose mother died at a scandal-hit care home has said a serious case review has not gone far enough and the private care home sector has failed.’

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BBC News, 9th June 2014

Source: www.bbc.co.uk

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Laws to protect elderly from abuse left out of Queen’s Speech – Daily Telegraph

Posted June 3rd, 2014 in bills, care homes, elderly, news, speeches by sally

‘New legislation designed to protect the elderly from abusive carers will no longer be included in next week’s Queen’s Speech.’

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Daily Telegraph, 3rd June 2014

Source: www.telegraph.co.uk

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Care Act 2014

Posted May 23rd, 2014 in care homes, care workers, carers, legislation, local government, standards by sally

Care Act 2014 published

Full text of Act

Source: www.legislation.gov.uk

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Judge condemns council for ‘unlawful detention’ of pensioner moved to care home – Daily Telegraph

‘A woman was “unlawfully deprived of her” liberty and her right to family life breached when she was removed from her home by a local council, a judge has ruled.’

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Daily Telegraph, 17th May 2014

Source: www.telegraph.co.uk

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Cheshire West: liberate social policy from the influence of human rights – Halsbury’s Law Exchange

Posted May 13th, 2014 in appeals, care homes, elderly, human rights, mental health, news, Supreme Court by sally

‘Social policy towards those without capacity changed on 19 March 2014. It changed not as a result of a public discussion about the issue but because of a judgment given by the Supreme Court – Cheshire West [2014] UKSC 19. The change was not preceded by a Royal Commission, Green Paper, debate in Parliament or any other engagement with the public, but after seven judges received legal submissions from 17 barristers. The change was not determined by the needs of those in care, but by the requirements of human rights laws.’

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Halsbury’s Law Exchange, 13th May 2014

Source: www.halsburyslawexchange.co.uk

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Courts braced for surge in cases of elderly locked up against their will – Daily Telegraph

‘The President of the Family Division of the High Court Sir James Munby predicts rush of claims from care home patients held in ‘cages’.’

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Daily Telegraph, 8th May 2014

Source: www.telegraph.co.uk

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