Grieving daughter wins first stage of legal fight on Covid releases to care homes – The Guardian

‘A grieving daughter who lost her father to Covid-19 in an Oxfordshire care home has won the first stage of a high court challenge against the government’s policy of discharging hospital patients into care homes without tests.’

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The Guardian, 19th November 2020

Source: www.theguardian.com

FCA pursues Gavin Woodhouse’s ex-business partner in high court – The Guardian

‘The former business partner of the disgraced entrepreneur Gavin Woodhouse is being pursued by the Financial Conduct Authority in the high court over alleged links to care home investments in which investors appear to “have lost at least £30m”.’

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The Guardian, 12th November 2020

Source: www.theguardian.com

Recovery against insolvent estates – The 36 Group

‘Local authorities frequently have cause to seek recovery of sums owing from the estates of deceased persons, particularly (but not exclusively) in relation to care home fees owed by the deceased.’

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The 36 Group, 26th October 2020

Source: 36group.co.uk

Interim declarations in the Court of Protection: a new approach? – Doughty Street Chambers

Posted October 21st, 2020 in care homes, chambers articles, Court of Protection, human rights, news by sally

‘The recent judgment in DP v London Borough of Hillingdon [2020] EWCOP 45 has important implications for interim declarations of capacity in s21A proceedings in the Court of Protection.’

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Doughty Street Chambers, 1st October 2020

Source: insights.doughtystreet.co.uk

Care watchdog to review use of DNACPR during pandemic – Local Government Lawyer

Posted October 15th, 2020 in care homes, consent, coronavirus, elderly, medical treatment, news by tracey

‘The Care Quality Commission is to review how Do Not Attempt Cardiopulmonary Resuscitation (DNACPR) decisions were used during the coronavirus pandemic.’

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Local Government Lawyer, 13th October 2020

Source: www.localgovernmentlawyer.co.uk

Inquiry begins into blanket use in England of Covid ‘do not resuscitate’ orders – The Guardian

Posted October 13th, 2020 in care homes, elderly, hospitals, inquiries, medical treatment, news by sally

‘An urgent investigation into blanket orders not to resuscitate care home residents has been launched amid fears some elderly people may still be affected by the “unacceptable” practice.’

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The Guardian, 12th October 2020

Source: www.theguardian.com

Coronavirus: Amnesty demands immediate inquiry into care home residents ‘abandoned to die’ – The Independent

‘The human rights of older people have been violated in England’s care homes because of a series of “shockingly irresponsible” government decisions in response to the coronavirus pandemic, a report has found.’

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The Independent, 4th October 2020

Source: www.independent.co.uk

The Court of Protection, s.48 and interim orders – Local Government Lawyer

Posted October 2nd, 2020 in care homes, consent, Court of Protection, local government, mental health, news by tracey

‘Lee Parkhill analyses an important Court of Protection ruling on s. 48 of the Mental Capacity Act and interim orders.’

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Local Government Lawyer, 2nd October 2020

Source: www.localgovernmentlawyer.co.uk

£10,000 fines warning for failing to self-isolate as England Covid infections soar – The Guardian

Posted September 21st, 2020 in care homes, children, coronavirus, emergency powers, enforcement, fines, news, statistics by sally

‘People in England who refuse to self-isolate when required to do so will face fines of up to £10,000 under an emergency “carrot and stick” plan to control the second wave of Covid-19 sweeping the country.’

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The Guardian, 20th September 2020

Source: www.theguardian.com

Health and Care Lasting Powers of Attorney – Family Law

Posted September 18th, 2020 in care homes, Court of Protection, health, medical treatment, news, powers of attorney by tracey

‘When we think about Lasting Powers of Attorney we usually think about property and financial affairs. There is, however, a second type of Lasting Power of Attorney which relates to health and care. In the current circumstances, it may be particularly relevant and important to consider putting in place health and care Lasting Powers of Attorney.’

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Family Law, 16th September 2020

Source: www.familylaw.co.uk

Children ‘should be banned from unregulated care homes’ – BBC News

Posted September 10th, 2020 in care homes, care orders, children, news, standards by sally

‘The government should ban placing under-18s in care in unregulated homes amid concerns over sexual and criminal exploitation, the children’s commissioner for England has said.’

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BBC News, 9th September 2020

Source: www.bbc.co.uk

Coronavirus: Charity seeks judicial review on care home visit guidance – BBC News

Posted September 3rd, 2020 in care homes, charities, coronavirus, judicial review, news by sally

‘A dementia charity is seeking a judicial review of the government guidance on care home visits.’

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BBC News, 3rd September 2020

Source: www.bbc.co.uk

Shirley Oaks: Care home survivors call for mandatory reporting of abuse – BBC News

‘Survivors of prolonged abuse while in the care of Lambeth Council have called for the failure to report abuse in children’s homes to be made a crime.’

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BBC News, 31st July 2020

Source: www.bbc.co.uk

Ofgem takes action on ‘unscrupulous’ UK energy brokers – The Guardian

Posted July 29th, 2020 in care homes, charities, consumer protection, energy, news, ombudsmen by tracey

‘Regulators’ plans aim to stop energy brokers overcharging small businesses and local bodies including care homes.’

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The Guardian, 29th July 2020

Source: www.theguardian.com

The Care Quality Commission: an essential guide to its powers and processes – Henderson Chambers

‘The Care Quality Commission (“CQC”) is the independent regulator of health and adult social care in England at a time when this sector faces unprecedented scrutiny. However, the CQC’s role and purpose is not well understood. This note provides an essential guide to H&S and regulatory practitioners on the CQC’s powers and procedures in anticipation of widespread enforcement action as the COVID 19 emergency eases.’

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Henderson Chambers, 25th June 2020

Source: www.hendersonchambers.co.uk

Scope of the duties on the state to protect life under Article 2 ECHR (R (Maguire) v HM Senior Coroner) – Dispute Resolution Blog

‘In R (Maguire) v HM Senior Coroner for Blackpool & Fylde & Others [2020] EWCA Civ 738, the Court of Appeal considered whether the enhanced procedural duty to investigate death under Article 2 ECHR applied to the inquest touching upon the death of a vulnerable individual subject to the Deprivation of Liberty Safeguards (“DoLS”) under the Mental Capacity Act 2005 living in a care home. The Court of Appeal’s judgment is an important authority on the scope of the substantive positive duties on the state to protect life under Article 2 ECHR.’

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Dispute Resolution Blog, 30th June 2020

Source: www.lexisnexis.co.uk

Over £46m paid to survivors of abuse at Lambeth children’s homes – The Guardian

‘A survivors’ group has secured a total of more than £46m compensation for 1,340 people who suffered “horrific” abuse in children’s care homes that were infiltrated by paedophiles over several decades.’

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The Guardian, 25th June 2020

Source: www.theguardian.com

Matt Hancock faces legal action from daughter of Covid-19 care home victim – The Guardian

‘Matt Hancock is facing legal action from the daughter of a man who died from Covid-19 in a care home in which the health secretary is accused of a “litany of failures” and misleading the public with his claim to have “thrown a protective ring” around care homes.’

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The Guardian, 12th June 2020

Source: www.theguardian.com

Does the Buck Stop? Legal Liability for Death from Covid-19 – Garden Court Chambers

‘“If the government were an employee of mine I would have sacked them for gross negligence” – so said Anita Astley, manager of Wren Hall nursing home in Nottinghamshire, where 10 residents died from Covid-19 and 48 carers caught the virus in a three week period[1]. Ms Astley’s complaint poses in stark terms a question which has been circulating since the full and devastating extent of the consequences of the pandemic have become clear: what, if any, legal liability does the state have for deaths caused by Covid-19?’

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Garden Court Chambers, 9th June 2020

Source: www.gardencourtchambers.co.uk

The government has failed care home residents – Doughty Street Chambers

Posted June 4th, 2020 in care homes, chambers articles, coronavirus, news by sally

‘This piece analyses the UK government’s performance against ten policy objectives published by WHO Europe. It seeks to shed light on why there have been an estimated 22,000 ‘excess deaths’ in care homes, and why it is still not too late for the government to act.’

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Doughty Street Chambers, 1st June 2020

Source: insights.doughtystreet.co.uk