Ombudsman investigation sees council agree to repay five years of care fee top-ups after it failed to offer affordable alternative placement first – Local Government Lawyer

‘Stockport Metropolitan Borough Council has agreed to reimburse “a significant amount of money” to a woman after it did not offer her mother an affordable care home placement, before asking her to pay a top-up towards her mother’s fees.’

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Local Government Lawyer, 6th May 2022

Source: www.localgovernmentlawyer.co.uk

Challenge to Government policy of discharging hospital patients to care homes at start of pandemic partly upheld – UK Human Rights Blog

‘The High Court (Bean LJ and Garnham J) held in R (Gardner) v Secretary of State for Health [2022] EWHC 967 (Admin) that the Government’s March 2020 Discharge Policy and the April 2020 Admissions Guidance were unlawful to the extent that the policy set out in each document was irrational in failing to advise that where an asymptomatic patient (other than one who had tested negative) was admitted to a care home, he or she should, so far as practicable, be kept apart from other residents for 14 days.’

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UK Human Rights Blog, 3rd May 2022

Source: ukhumanrightsblog.com

Government will not challenge court ruling on care home discharge policies – The Independent

‘The Government has said it will not be appealing against a High Court ruling which stated its care home discharge policies were unlawful.’

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The Independent, 4th May 2022

Source: www.independent.co.uk

‘Thrown to the wolves’: Covid care home ruling is bitter victory for relatives – The Guardian

Posted April 28th, 2022 in care homes, coronavirus, elderly, hospitals, news by sally

‘This time of year brings bad memories for families of care home residents who died in Covid’s first wave when the virus swept, mostly unchecked, through nursing homes.’

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The Guardian, 27th April 2022

Source: www.theguardian.com

Profit making private providers of children’s care & breaches of Article 5 – Garden Court Chambers

‘For anyone concerned with the human rights of children AB (A Child: human rights) 2021 EWFC B100 is an essential read. The case concerned a 12-year-old boy, AB, who was placed under interim public law orders in foster care and then care homes run by Horizons Care Ltd. For several months, whilst awaiting a final hearing, AB had had his liberty restricted in a residential unit called Mill Cottage, in breach of his Article 5 rights.’

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Garden Court Chambers, 4th April 2022

Source: www.gardencourtchambers.co.uk

Mental capacity, end of life care and religion: MR & Ors – Law & Religion UK

Posted March 2nd, 2022 in care homes, Court of Protection, Judaism, local government, news by sally

‘In London Borough of X v MR & Ors [2022] EWCOP 1, MR, aged 86, was living with dementia and was expected to die at some time between the spring of 2022 and the spring of 2024. He had been discharged from hospital to CC Nursing Home during the first COVID emergency, where he was held under a standard Deprivation of Liberty issued by the local authority. The sole issue before the Court was not whether it was in MR’s best interests to return home but whether he should remain at CC Nursing Home or move to a Jewish care home.’

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Law & Religion UK, 2nd March 2022

Source: lawandreligionuk.com

Supreme Court to hear appeal over ruling by coroner that Article 2 ECHR not engaged where vulnerable woman died – Local Government Lawyer

‘The Supreme Court has granted permission to appeal over a coroner’s ruling that Article 2 of the European Convention on Human Rights (Right to life) was not engaged in a case where a vulnerable, 52-year-old woman with Down’s syndrome and learning disabilities died.’

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Local Government Lawyer, 1st March 2022

Source: www.localgovernmentlawyer.co.uk

Care home staff jailed for degrading acts to vulnerable man – BBC News

‘Three care home workers have been jailed for 18 months for mistreating a vulnerable man.’

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BBC News, 20th January 2022

Source: www.bbc.co.uk

Katy Sprague not warned of threat to kill hours before her murder – BBC News

‘A woman was not told her neighbour had threatened to kill her just hours before he murdered her, a review has found.’

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BBC News, 19th January 2022

Source: www.bbc.co.uk

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