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

Covid jabs to become mandatory for care home staff in England – The Guardian

‘Covid vaccinations are to become mandatory for care home staff under plans to be announced by ministers, as they consider extending the move to all NHS staff.’

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The Guardian, 15th June 2021

Source: www.theguardian.com

Court of Protection judge considers how supervisory bodies should evidence their scrutiny of requests for authorisation of deprivation of liberty – Local Government Lawyer

‘An error in someone’s name on a form did not invalidate a standard authorisation, the Court of Protection has decided.’

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Local Government Lawyer, 10th June 2021

Source: www.localgovernmentlawyer.co.uk

Government responds to inquiry into child sexual abuse in secure children’s homes – Family Law

‘The government has responded to the Independent Inquiry into Child Sexual Abuse custodial institutions report about placement in secure children’s homes.’

Government response

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Family Law, 20th May 2021

Source: www.familylaw.co.uk

Sapphire House: ‘Anger’ over report into neglect death care home – BBC News

‘The mother of a man who died after suffering neglect said she felt “extreme distress and anger” at a critical new report into his care home.’

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BBC News, 21st April 2021

Source: www.bbc.co.uk

Mandatory vaccinations for care home workers – a slippery slope? – UK Human Rights Blog

‘Or, as Andrew Neil put it on the Spectator TV News Channel this week, “A Dripping Roast For Lawyers”. To be fair, Neil was referring to the patchwork of mandatory vaccines across the United States. But with the publication yesterday of the Government’s consultation paper on vaccine requirements for all staff deployed in a care home supporting at least one older adult over the age of 65, the debate raging about “vaccine passports” has a real target in its sights. Not only because the government has found some primary legislation that gives it the power to introduce mandatory vaccinations, but also because the proposals are not limited to employees.’

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UK Human Rights Blog, 16th April 2021

Source: ukhumanrightsblog.com

Liability for abuse suffered by claimant place in private care home – Local Government Lawyer

‘Steven Ford QC analyses a ruling where, in the absence of fault, a local authority was not liable for sexual assaults committed by an employee of the private residential care home at which it placed the claimant. The relationship between the abusive employee and the placing authority was not akin to employment and the duty of care owed by the authority to the claimant was not non-delegable.’

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Local Government Lawyer, 16th April 2021

Source: www.localgovernmentlawyer.co.uk

Care home residents ‘barred’ from voting in local elections because of Covid rules – Daily Telegraph

Posted April 15th, 2021 in care homes, care workers, coronavirus, elections, news, regulations by sally

‘Care home residents are “effectively barred” from voting in person in the elections by guidance that requires them to self-isolate for 14 days after leaving the home, a care group has said.’

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Daily Telegraph, 14th April 2021

Source: www.telegraph.co.uk

UK Supreme Court: sale and leaseback did not trigger VAT clawback – OUT-LAW.com

Posted April 14th, 2021 in appeals, care homes, HM Revenue & Customs, news, Supreme Court, VAT by sally

‘The sale and leaseback of a newly constructed care home was not a disposal of the entire interest in the care home, so as to trigger a claw-back of the VAT zero-rating which had applied when the property was acquired from the developer, the UK’s Supreme Court has decided.’

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OUT-LAW.com, 13th April 2021

Source: www.pinsentmasons.com

Staff in care home failed to prevent children being sexually exploited, Ofsted finds – The Guardian

Posted April 6th, 2021 in care homes, care workers, child abuse, news, reports, sexual offences by sally

‘Children in a private care home were found to have been sexually exploited by men and felt unsafe, but nothing was done by staff to help them, a report by Ofsted has found.’

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The Guardian, 5th April 2021

Source: www.theguardian.com

Supreme Court: Carers not entitled to minimum wage when asleep – Law Society’s Gazette

‘Care workers who “sleep-in” are not entitled to the national minimum wage when they are in bed, the Supreme Court has ruled.’

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Law Society's Gazette, 19th March 2021

Source: www.lawgazette.co.uk

Damages of £143,000 for unlawful deprivation of liberty of incapacitous care home resident upheld – Garden Court Chambers

‘The comparators for damages for unlawful deprivation of liberty of persons lacking mental capacity are few. In Essex County Council v RF & others [2015] EWCOP 1, DJ Mort made a distinction between procedural and substantive breaches and where he found the local authority ‘totally inadequate and their failings significant’, assessed monthly damages between £3000 – £4000 over a period of at least 13 months. In the case of Emile, DJ Beckley awarded damages against the London Borough of Haringey for a period of almost 8 years’ unlawful deprivation of liberty in the sum of £143,000.00. The local authority was granted permission, out of time, to appeal. The decision of HHJ Saggerson was handed down on 18 December 2020.’

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Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

Disputed respite care for Ultra-Orthodox Jewish boys: A and B – Law & Religion UK

Posted March 8th, 2021 in care homes, children, disabled persons, equality, human rights, Judaism, news by tracey

‘In A and B (Minors: placement, faith) [2021] EWHC 455 (Admin), two brothers of a family of Charedi Jews in north Manchester, acting through their uncle and litigation friend M, challenged Manchester City Council’s decision to offer them respite placement in Birtenshaw, a secular residential home in Greater Manchester, instead of in Bayis Sheli, an exclusively Orthodox Jewish residential home in London. A was 15, turning 16 in June 2021; B was 11 years, turning 12 in September 2021 [11]: they both had medical and behavioural conditions that required a very high level of supervision [12, 13 & 14].’

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Law & Religion UK , 4th March 2021

Source: lawandreligionuk.com

Would receipt of a Covid-19 vaccine be in a mentally incapacitated person’s best interests when other treatments are proposed by a family member? – Garden Court Chambers

‘V is in her early 70s and resides in a care home. She has Korsakoff’s syndrome. SD, V’s daughter, sought a declaration that it would not be in V’s best interests to administer a Covid-19 vaccine to V. The local authority argued it was in V’s best interests to receive the vaccine.’

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Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

Judge rules council breached ECHR rights of orthodox Jewish 15-year-old boy – but not his brother – over proposal for respite placement accommodation – Local Government Lawyer

‘A High Court judge has handed down a ruling in a disagreement over whether two boys should be given respite placement accommodation in a residential home in the Greater Manchester area or in an exclusively orthodox Jewish residential home in London.’

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Local Government Lawyer, 2nd March 2021

Source: www.localgovernmentlawyer.co.uk

Capacity and best interests in relation to Covid-19 Vaccination – Garden Court Chambers

‘Mrs E was aged 80 and lived in a care home. She had diagnoses of dementia and schizophrenia.’

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Garden Court Chambers, 22nd February 2021

Source: www.gardencourtchambers.co.uk