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 & Flyde & 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.’

Full Story

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.’

Full Story

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.’

Full Story

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?’

Full Story

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.’

Full Story

Doughty Street Chambers, 1st June 2020

Source: insights.doughtystreet.co.uk

Residential property – the complications of renting to a healthcare company to enable care of an individual – Hardwicke Chambers

Posted May 29th, 2020 in agreements, care homes, landlord & tenant, news by sally

‘A healthcare company intends to rent a residential property for permitted officers or employees to occupy, on a weekly rota basis. However, an individual who is neither an officer nor an employee of the company (but is a person who will be cared for by the officers or employees) will live at the property, together with the officers or employees who are “on duty”. What will be the status of the individual occupier and the employees or officers if the (non-AST) tenancy agreement is terminated?’

Full Story

Hardwicke Chambers, 29th May 2020

Source: hardwicke.co.uk

CQC under fire from care home body for failing to report true death toll to ministers – The Guardian

Posted May 27th, 2020 in care homes, coronavirus, elderly, news, notification, statistics by sally

‘The Care Quality Commission (CQC) has been accused of failing to alert ministers to the mounting death toll caused by the coronavirus crisis, despite having access to daily information about deaths.’

Full Story

The Guardian, 24th May 2020

Source: www.theguardian.com

COVID-19, Care Homes and Contact: BP v Surrey County Council & RP – Pump Court Chambers

‘On 2 April 2020 Hayden J handed down a judgment dated 25 March 2020 in the case of BP v Surrey County council & RP [2020] EWCOP 17 concerning the suspension of contact in a care home during the COVID-19 pandemic. This was followed by a further written judgment dated 17 April 2020 which serves to clarify the reported judgment in relation to the law of derogation: BP v Surrey County Council & RP [2020] EWCOP 22.’

Full Story

Pump Court Chambers, 14th May 2020

Source: www.pumpcourtchambers.com

Personal Protective Equipment and Liability – Thomas More Chambers

‘Prior to the impact of the Covid19 pandemic, the issue of personal protective equipment (“PPE”) at work was a niche health and safety topic for specialists in the field. Today it dominates the media, with report after report of inadequate provision of PPE on the frontline, in hospitals, care homes and other essential places of work.’

Full Story

Thomas More Chambers, 13th May 2020

Source: www.thomasmore.co.uk

Dishonesty: Barton & Booth v The Queen – Pump Court Chambers

Posted May 12th, 2020 in care homes, conspiracy, elderly, fraud, gifts, news by sally

‘Barton & Booth-v-The Queen [2020] EWCA Crim 575. The Court of Appeal considers whether the new definition of ‘dishonesty’ given by the Supreme Court in the case of Ivey v Genting Casinos (UK) (trading as Cockfords Club) [2017] UKSC 67 applies in criminal cases.’

Full Story

Pump Court Chambers, 30th April 2020

Source: www.pumpcourtchambers.com

Dying surrounded by family ‘a fundamental right’ says UK judge – The Guardian

‘Being allowed to die surrounded by your nearest relatives is a fundamental part “of any right to private or family life”, a senior judge has ruled.’

Full Story

The Guardian, 5th May 2020

Source: www.theguardian.com

Government relaxation of regulations relating to children’s social care draws criticism – Local Government Lawyer

‘The government has amended several sets of regulations with a view to assisting the children’s social care sector during the coronavirus pandemic but the move has been strongly criticised by a children’s rights charity.’

Full Story

Local Government Lawyer, 28th April 2020

Source: www.localgovernmentlawyer.co.uk

The UK Government’s guidance on combating coronavirus in care homes is inconsistent with WHO standards – Doughty Street Chambers

‘This paper contributes a combined human rights perspective and an infection prevention and control perspective to the COVID-19 situation in long-term care homes in the UK.’

Full Story

Doughty Street Chambers, 21st April 2020

Source: insights.doughtystreet.co.uk

Covid-19: contact with children in care – 5SAH

‘We are plotting a course through unchartered waters. Never before has the family justice system had to deal with such a wide-reaching challenge as the COVID-19 epidemic. The issue of contact with children in care presents one of the most turbulent seas to cross. This article explores the legal principles that will give family practitioners their bearings and guide the court’s approach through the coming weeks and months.’

Full Story

5SAH, 6th April 2020

Source: www.5sah.co.uk

Directors disqualified after abandoning care homes, diverting council funds – Local Government Lawyer

‘The directors of two care homes in the Midlands have been disqualified after they diverted council funds before abandoning elderly residents and staff, the Insolvency Services has revealed.’

Full Story

Local Government Lawyer, 31st March 2020

Source: www.localgovernmentlawyer.co.uk

Question of Incompatibility – Deprivation of Children’s Liberty Without Court Order? – Family Law Week

‘All persons are guaranteed the right to liberty and security of the person, as enshrined in Article 5 of the European Convention of Human Rights. As such, when an issue arises with regard to a potential deprivation of liberty of a child (or indeed of any person), appropriate procedural safeguards must be in place to ensure the child’s Article 5 as well as their Article 8 rights to private and family life are sufficiently protected. For some time, the courts have undertaken this process through the use of the inherent jurisdiction of the High Court to authorise and review any such deprivation of liberty in a way that renders the process compliant with Article 5.’

Full Story

Family Law Week, 12th March 2020

Source: www.familylawweek.co.uk

Question of Incompatibility – Deprivation of Children’s Liberty Without Court Order? – Family Law Week

Posted March 13th, 2020 in care homes, care orders, children, families, human rights, news, privacy by tracey

‘Helen Crowell, Pupil Barrister and Shaun Spencer, Barrister, of St Johns Buildings discuss Deprivation of Liberty and the Children’s Home Regulations 2015.’

Full Story

Family Law Week, 12th March 2020

Source: www.familylawweek.co.uk

Government ‘to ban’ placing children in unregulated homes – BBC News

‘The government is set to ban the placement of children in care under the age of 16 in unregulated homes in England, following a BBC investigation.’

Full Story

BBC News, 12th February 2020

Source: www.bbc.co.uk

Unregulated accommodation – Family Law Week

‘Chris MacDonald, Children’s Guardian at CAFCASS, considers the issues arising when a young person is placed in semi-independent accommodation.’

Full Story

Family Law Week, 24th January 2020

Source: www.familylawweek.co.uk

Care firm’s leadership criticised by Care Quality Commission – BBC News

Posted January 14th, 2020 in care homes, hospitals, mental health, news by sally

‘Concerns have been raised by inspectors about the leadership at a firm at the centre of a BBC expose over allegations of abuse at a mental health hospital.’

Full Story

BBC News, 14th January 2020

Source: www.bbc.co.uk