Mandatory vaccination for care home workers not unlawful nor in breach of ECHR – UK Human Rights Blog

‘Peters & Anor, R (On the application of) the Secretary of State for Health and Social Care & Anor [2021] EWHC 3182 (Admin), 2 November 2021. This was a renewed application by the claimants for permission to proceed with a judicial review challenge to the Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021, which requires a registered person who runs a regulated activity in a care home to ensure that any person entering the premises has been vaccinated, unless for clinical reasons that person is exempt.’

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UK Human Rights Blog, 26th November 2021

Source: ukhumanrightsblog.com

Fighting ever increasing odds against a draconian intervention – and when is a without notice hearing acceptable? – Local Government Lawyer

‘The Court of Protection recently ordered that a woman with late onset vascular dementia be transferred to a residential care home after relations between her son and care workers broke down. Alex Ruck Keene analyses the ruling.’

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Local Government Lawyer, 26th November 2021

Source: www.localgovernmentlawyer.co.uk

100 people held more than 20 years in ‘institutions’ – BBC News

‘One hundred people with learning disabilities and autism in England have been held in specialist hospitals for at least 20 years, the BBC has learned. The finding was made during an investigation into the case of an autistic man detained since 2001.’

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BBC news, 25th November 2021

Source: www.bbc.co.uk

Expert evidence ‘expressing opinion’ in JRs inadmissible, High Court rules – Law Society’s Gazette

‘Expert evidence in a judicial review which “goes beyond comment and expresses [an] opinion” about a decision under challenge is inadmissible, the High Court has said in dismissing an application to adduce a witness statement which consists “almost entirely of opinion evidence”.’

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Law Society's Gazette, 8th November 2021

Source: www.lawgazette.co.uk

Abuse survivor fights for justice after 70 years – BBC News

Posted October 28th, 2021 in care homes, child abuse, children, inquiries, news, sexual offences by sally

‘A woman who was sexually abused in a children’s home in the 1950s has called for an inquiry and an apology.’

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BBC News, 28th October 2021

Source: www.bbc.co.uk

Care bill for family soared without warning because of poor council information, Ombudsman finds – Local Government Lawyer

Posted October 22nd, 2021 in care homes, families, housing, local government, news, ombudsmen by sally

‘North Yorkshire County Council has been criticised by the Local Government and Social Care Ombudsman after a family’s care bill leapt from hundreds to thousands of pounds a month without notice.’

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Local Government Lawyer, 21st October 2021

Source: www.localgovernmentlawyer.co.uk

‘Inadequate’ Blackburn care home put into special measures – The Guardian

Posted October 19th, 2021 in care homes, elderly, news, standards by tracey

‘Inspectors who visited Longfield residential home found dementia patients living in “undignified” and dirty conditions.’

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The Guardian, 19th October 2021

Source: www.theguardian.com

Aster Healthcare fined £1m over woman’s scalding bath death – BBC News

Posted October 8th, 2021 in care homes, corporate manslaughter, elderly, fines, news, suspended sentences by tracey

‘A care home firm has been fined more than £1m for corporate manslaughter after the death of a dementia patient who was put in a scalding bath.’

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BBC News, 8th October 2021

Source: www.bbc.co.uk

High Court judge approves bespoke placement in case where he had declined to authorise continued deprivation of liberty of 12 year old in psychiatric admissions unit – Local Government Lawyer

Posted October 1st, 2021 in care homes, children, detention, hospitals, local government, mental health, news by tracey

‘A High Court judge who last week refused to exercise the inherent jurisdiction to authorise the continued deprivation of the liberty of a 12-year-old child (LT) in an acute psychiatric admission unit for adolescents, has since authorised her deprivation of liberty in an empty children’s home found by the local authority, it has emerged.’

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Local Government Lawyer, 29th September 2021

Source: www.localgovernmentlawyer.co.uk

Looked after children and secure accommodation after 9 September – Local Government lawyer

Posted September 3rd, 2021 in care homes, children, local government, news, statutory duty by tracey

‘David Lock QC considers the looming crisis for children in local authority care being deprived of their liberty. What should local authorities do for looked after children in secure accommodation on 9 September?’

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Local Government Lawyer, 3rd September 2021

Source: www.localgovernmentlawyer.co.uk

High Court gives go-ahead for discrimination claim over legislation on regulated settings and children in care – Local Government Lawyer

‘A children’s rights charity has secured permission from the High Court for a judicial review of secondary legislation made by the Education Secretary, Gavin Williamson, which provides that children in care in England up to the age of 15 – but not 16 and 17-year-olds – must always live in regulated settings where they receive day-to-day care from adults.’

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Local Government Lawyer, 18th August 2021

Source: www.localgovernmentlawyer.co.uk

Authorising unregistered care and deprivation of liberty – Local Government Lawyer

‘Martin Downs analyses the Supreme Court’s judgment on the use of the inherent jurisdiction to authorise the deprivation of liberty of children in alternative restrictive placements by a local authority in cases where an approved secure children’s home is unavailable.’

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Local Government Lawyer, 13th August 2021

Source: www.localgovernmentlawyer.co.uk

Cheshire care worker caught on camera sexually assaulting patient – BBC News

‘A care worker who was caught by a hidden camera sexually assaulting a patient has been jailed.’

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BBC News, 12th August 2021

Source: www.bbc.co.uk

‘Systematic failings’ in England’s care system as boy restrained in hospital – The Guardian

‘The “shameful” case of a violent 12-year-old boy who was detained in hospital by 15 police officers illustrates the “systemic failings” in England’s care system, according to the body representing all of England’s directors of children’s services.’

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The Guardian, 12th August 2021

Source: www.theguardian.com

Authorising unregistered care and deprivation of liberty — Martin Downs – UK Human Rights Blog

‘Legislatures in London and Cardiff have long ago established the most detailed safeguards and systems of registration to protect young people placed in children’s homes – most especially where that involves depriving them of their liberty. At the same time, the administrations in both capitals have presided over a situation whereby there is a significant shortage of such registered accommodation. This has tended to provoke expressions of outrage by the Judiciary. One of these problem cases has reached the Supreme Court (T (A Child), Re [2021] UKSC 35).’

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UK Human Rights Blog, 5th August 2021

Source: ukhumanrightsblog.com

Compulsory Vaccination for Care Home Workers – legislation coming into force in November – UK Human Rights Blog

Posted August 3rd, 2021 in care homes, care workers, coronavirus, news, regulations, vaccination by sally

‘The government has passed legislation compelling care homes to ensure almost all workers are vaccinated against Covid-19. It comes into force on 11 November 2021, and applies to England only.’

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UK Human Rights Blog, 3rd August 2021

Source: ukhumanrightsblog.com

Mandatory Covid-19 vaccinations in the health sector: the position across Europe – OUT-LAW.com

‘The UK government will require people working in care homes in England to have been vaccinated against Covid-19, subject to limited exemptions.’

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OUT-LAW.com, 28th July 2021

Source: www.pinsentmasons.com

The Reverse Burden of Proof in Health and Safety Prosecutions: As You Were – Henderson Chambers

‘In R v (1) AH Ltd and (2) Mr SJ, the appellants sought leave from the Court of Appeal to challenge the reverse evidential and legal burdens of proof to establish the “reasonably practicable” defence pursuant to s40 HSWA1974. Although permission to appeal was ultimately refused, the reasoning behind the decision is important reading for health and safety practitioners in the context of increasingly vigorous prosecutions.’

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Henderson Chambers, 9th July 2021

Source: www.hendersonchambers.co.uk

‘Like hell’: what former Lambeth children’s home residents told abuse inquiry – The Guardian

‘The report into sexual abuse in London council’s children’s homes heard from many who experienced it.’

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The Guardian, 27th July 2021

Source: www.theguardian.com

Hundreds of children abused while in care of Lambeth council, inquiry finds – The Guardian

‘Hundreds of vulnerable children in the care of Lambeth council in south London were subjected to horrendous cruelty and sexual abuse over several decades on a scale that was “hard to comprehend”, an independent inquiry report has found.’

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The Guardian, 27th July 2021

Source: www.theguardian.com