Mother is spared jail as judge says looking after her five-year-old daughter left paralysed by crash is ‘a greater punishment than any court could impose’ – Daily Telegraph

‘A mother who killed a great-gradmother and left her own five-year-old daughter paralysed in a head-on horror crash has escaped jail.’

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Daily Telegraph, 27th August 2016

Source: www.telegraph.co.uk

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Barristers still face flexible working penalty – The Bar Council

‘The Bar Council has launched a new flexible working guide for chambers, which includes proposals for possible rent reductions for those barristers seeking to work reduced hours or away from chambers because of care responsibilities.’

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The Bar Council, 19th July 2016

Source: www.barcouncil.org.uk

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Care provider ends contracts with two councils over “unacceptable” rate offers – Local Government Lawyer

Posted July 8th, 2016 in budgets, carers, local government, news, remuneration by sally

‘A leading care provider has served notice on two North West councils over the “unacceptable” rates they are offering care workers.’

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Local Government Lawyer, 7th July 2016

Source: www.localgovernmentlawyer.co.uk

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Carers struggling to access rights under Care Act: report – Local Government Lawyer

Posted July 8th, 2016 in carers, local government, news by sally

‘The Care Act 2014 has made little difference to the lives of some 5.4m unpaid carers, a review has found.’

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Local Government Lawyer, 6th July 2016

Source: www.localgovernmentlawyer.co.uk

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Boy left with brain injuries at birth receives £11m compensation – The Guardian

‘The mother of a boy who was born with brain injuries after medical staff failed to notice his slowing heartbeat during labour has said she hopes she can provide a better quality of life for her son after receiving £11m in a high court settlement with the NHS.’

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The Guardian, 6th July 2016

source: www.guardian.co.uk

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Staffordshire County Council v K and others – WLR Daily

Staffordshire County Council v K and others [2016] EWCOP 27

‘An incapacitated adult (“K”), who had been severely injured in a road traffic accident, was awarded substantial damages in court proceedings which were used by his property and affairs deputy, a private trust corporation, to provide a specially adapted residence and to fund the regime of care and support provided by private sector providers. The local authority, having been informed of the arrangements for K’s care and the arrangements having been registered with the Care Quality Commission, applied to the Court of Protection for a welfare order under section 16 of the Mental Capacity Act 2005. The parties accepted that the arrangements constituted a deprivation of liberty satisfying two of three components of a deprivation of liberty within article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, but the Secretary of State contended that the third component, namely the attribution of responsibility to the state, did not apply to the privately funded and arranged care regime (and to others in an equivalent position), so that the care regime could lawfully be put in place without a welfare order being made under the Act.’

WLR Daily, 25th May 2016

Source: www.iclr.co.uk

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In re A (A Child) (Baby Relinquished for Adoption: Case Management)

In re A (A Child) (Baby Relinquished for Adoption: Case Management) [2016] EWFC 25

‘A, a baby born in England to Latvian parents, was relinquished at birth for adoption and quickly placed with foster parents who were approved to adopt. On the understanding that there was no one within the extended natural family, either in England or in Latvia, in a position to care for A, and with the consent of the birth parents given in accordance with sections 19 and 20 of the Adoption and Children Act 2002, the local authority proceeded to convert A’s short-term arrangements to an adoptive placement and notified the Latvian central authority of A’s situation. The foster parents, with whom A had lived for much of his life, applied to adopt him. The Latvian central authority, having made its own enquiries of relatives in Latvia, identified the maternal grandmother as a potential long-term carer for A, had completed a favourable preliminary suitability assessment and commissioned a full suitability assessment. The central authority opposed the adoption of A in England and submitted its concerns that the approach of the English courts towards adoption cases placed insufficient weight on the rights of a child to grow up in his inherited culture and was therefore potentially contrary to articles 36 and 37 of the Vienna Convention on Consular Relations 1963 and a breach of articles 8 and 20 of the United Nations Convention on the Rights of the Child 1989. The birth mother, who had deliberately not informed her wider family in Latvia of the proposed adoption, continued to support adoption by the foster parents, maintaining her opinion that an education and upbringing in England would be in A’s best interests and that her mother would find it difficult physically and financially to care for A. At a case management hearing, the children’s guardian appointed for A recommended an adjournment to enable completion of the grandmother’s assessment. In circumstances where the prospective adopters, the birth parents and the local authority all supported the adoption, where factors from the welfare checklist in section 1(4) of the 2002 Act pointed towards adoption, and where a delay in making a decision was likely to prejudice A’s welfare, the issue before the judge was whether he should make an adoption order without having considered the substantial assessment of the suitability of the maternal grandmother in Latvia as A’s long-term carer.’

WLR Daily, 6th May 2016

Source: www.iclr.co.uk

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Carers tie woman, 88, in towel to ensure a ‘quiet shift’ – BBC News

‘Two carers who wrapped a pensioner in a towel to ensure they had a quiet night shift have been given suspended prison sentences.’

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BBC News, 6th June 2016

Source: www.bbc.co.uk

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The new era promised by the Care Act is yet to arrive – The Guardian

‘One year after the act came into force, the momentum behind the changes risks being lost.’

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The Guardian, 23rd May 2016

Source: www.guardian.co.uk

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Carer Claire Darbyshire jailed for life for killing ill father – BBC News

Posted March 11th, 2016 in carers, murder, news, sentencing by tracey

‘A carer found guilty of murdering her MS-suffering father has been sentenced to life in prison with a minimum term of four years.’

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BBC News, 10th March 2016

Source: www.bbc.co.uk

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Disabled people challenge bedroom tax at supreme court – The Guardian

‘The supreme court is to hear a legal challenge against the government’s bedroom tax from five people who argue it discriminates against the weak and vulnerable.’

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The Guardian, 29th February 2016

Source: www.guardian.co.uk

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Serious Personal Injury Litigation – A Quantum Update – Byrom Chambers

‘We are now bombarded with case reports by email and over the Internet. The reporting of 1st instance quantum decisions used to be a comparative rarity before 1992 and the PIQR. Even then there was a time lag in publication and many decisions were never covered. On one level, we are immensely fortunate now to be able to discern how the best counsel and 1st instance judges set about their respective tasks in serious personal injuries litigation; but with that opportunity comes the obligation on the serious practitioner to take the time really to get to grips with the lengthy judgments. It is not easy. This paper, evolving since the autumn of 2007, is an exercise in the on-going fulfilment of that obligation.’

Full story

Byrom Chambers, 7th December 2015

Source: www.byromstreet.com

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Council criticised over refusal of direct payments based on Working Time Regulations – Local Government Lawyer

‘A council has admitted wrongly using the Working Time Regulations to refuse the direct payments they assessed a young man as needing, following an investigation by the Local Government Ombudsman.’

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Local Government Lawyer, 6th August 2015

Source: www.localgovernmentlawyer.co.uk

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Mathieson v Secretary of State for Work and Pensions – WLR Daily

Mathieson v Secretary of State for Work and Pensions: [2015] UKSC 47; [2015] WLR (D) 296

‘The Secretary of State for Work and Pensions violated the Convention rights of a severely disabled child when he suspended payment to him of disability living allowance once he had been an in-patient in an NHS hospital for more than 84 weeks.’

WLR Daily, 8th July 2015

Source: www.iclr.co.uk

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Parents of autistic man criticise decision to prosecute him – Daily Telegraph

‘George Ostle’s parents say if Lord Janner was not fit to stand trial then neither was their autistic son who has the mental age of a ten-year-old.’

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Daily Telegraph, 6th May 2015

Source: www.telegraph.co.uk

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Pensioner spared jail after stabbing wife, 77, through heart – Daily Telegraph

‘Anthony Mann, 78, kissed chronically-ill wife Jean and said ‘I love you’ after pressure of caring for her led to ‘impulse’ crime .’

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Daily Telegraph, 13th April 2015

Source: www.telegraph.co.uk

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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

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The Care Act 2014: Carer’s Needs and Eligibility – Doughty Street Chambers

Posted April 2nd, 2015 in carers, disabled persons, elderly, legislation, news, social services by sally

‘This paper considers the eligibility criteria in relation to carers under the Care
Act 2014 (“the Act”), and what duties and powers local authorities are under
to meet eligible needs. The eligibility provisions in the Act are augmented by
the Care and Support Statutory Guidance of October 2014 (“the Guidance”),
Chapter 6, Assessment and eligibility.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

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The Care Act 2014: Eligibility Criteria, Duties and Powers in Respect of Adults in Need of Care and Support – Doughty Street Chambers

‘This section deals with the eligibility criteria and the powers and duties in respect of adults in need of ‘care and support’. The new powers and duties in relation to those who provide adults with care are dealt with separately.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

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The Care Act 2014: The Duty to Assess Need – Doughty Street Chambers

‘This paper considers the duties to undertake assessments of care needs in the Care
Act 2014 (“the Act”), including the primary duty under section 9, the duty to assess
carers under section 10; the transition assessment duties and the out of area
transfer duties under sections 58 and 37 respectively.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

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