care homes – Page 13 – Current Awareness

Providing protective care to people unable to consent to treatment – Law Commission

Posted July 8th, 2015 in care homes, consent, consultations, disabled persons, elderly, Law Commission, medical treatment, mental health, news by sally

‘The Mental Capacity Act aims to protect people who lack mental capacity but need to be deprived of liberty in order to receive appropriate care and treatment in hospitals and care homes. But the safeguards are not meaningful for disabled and older people and their families, local councils and the NHS are struggling to meet their obligations under the law, and people who live in other settings – such as supported living – are being left unprotected.’

Law Commission, 7th July 2015

Source: www.lawcom.gov.uk

Offending rates among children in care investigated – BBC News

Posted June 24th, 2015 in care homes, child abuse, child neglect, children, news, young offenders by sally

‘An independent review is being launched to examine why so many children in care in England and Wales end up in the criminal justice system.’

BBC News, 23rd June 2015

Source: www.bbc.co.uk

Relatives of dementia sufferers who die in care homes having to wait months to bury loved ones thanks to new Government rules – The Independent

Posted May 29th, 2015 in care homes, coroners, delay, deprivation of liberty safeguards, elderly, inquests, mental health, news by sally

‘Relatives of dementia sufferers who pass away in care homes are being forced to wait months to bury loved ones because of new rules.’

The Independent, 28th May 2015

Source: www.independent.co.uk

Life Expectancy, Expert Evidence, the Strauss Tables and the Relevance of the Quality of Care: Detailed Consideration by the High Court – Zenith PI Blog

Posted April 13th, 2015 in care homes, carers, children, damages, disabled persons, expert witnesses, food, health, negligence, news, statistics by sally

‘This Blog has already looked at the case of Robshaw -v- United Lincolnshire Hospital NHS Trust [2015] EWHC 923 (QB) in the context of judicial consideration of the basic principles of the law of damages. However the judgment of Mr Justice Foskett also contains some important observations in relation to life expectancy. In particular the approach to be taken when dealing with evidence from experts and statistical analysis.’

Zenith PI Blog, 12th April 2015

Source: www.zenithpi.wordpress.com

Care system gets ‘biggest shake-up in 60 years’ – BBC News

Posted April 1st, 2015 in budgets, care homes, carers, disabled persons, elderly, local government, news, social services by sally

‘Major changes to the care system in England are being introduced in what is being dubbed the biggest shake-up for 60 years.’

BBC News, 1st April 2015

Source: www.bbc.co.uk

Catholic priest Anthony McSweeney jailed for sex abuse – BBC News

Posted March 30th, 2015 in abuse of position of trust, care homes, child abuse, indecent photographs of children, news, sexual offences, victims by sally

‘A “voyeuristic” Catholic priest who sexually assaulted a teenage boy at a children’s home in west London has been jailed for three years.’

Full story

BBC News, 27th March 2015

Source: www.bbc.co.uk

Regina (Forge Care Homes Ltd) and others v Cardiff & Vale University Health Board and others – WLR Daily

Posted March 27th, 2015 in budgets, care homes, judicial review, law reports, news, nurses by sally

Regina (Forge Care Homes Ltd) and others v Cardiff & Vale University Health Board and others [2015] EWHC 601 (Admin); [2015] WLR (D) 134

‘The definition of “nursing care by a registered nurse” in section 49 of the Health and Social Care Act 2001 was not a task based definition which restricted “services” to the tasks which only a registered nurse could perform.’

WLR Daily, 11th March 2015

Source: www.iclr.co.uk

Court of Protection Issues – Thirty Nine Essex Street

Posted March 18th, 2015 in care homes, Court of Protection, custody, human rights, learning difficulties, news, residential care, Supreme Court by sally

‘This paper provides an overview of the procedure which has been put in place to implement the streamlined process by which the Court of Protection may authorise deprivations of liberty following the Supreme Court decision in P v Cheshire West and Chester Council and P and Q v Surrey County Council [2014] UKSC 19.’

Full story (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

Historical child abuse: Key investigations – BBC News

Posted March 18th, 2015 in abuse of position of trust, care homes, child abuse, children, inquiries, news, police, sexual offences by sally

‘There are a number of ongoing investigations and inquiries – criminal and otherwise – into historical abuse allegations at institutions across the UK. Here is a guide to the key inquiries and their scope.’

BBC News, 17th March 2015

Source: www.bbc.co.uk

Home secretary: Cyril Smith cover-up claims ‘could lead to prosecutions’ – The Guardian

Posted March 18th, 2015 in care homes, child abuse, children, immunity, inquiries, news, official secrets act, police, sexual offences, video recordings, whistleblowers by sally

‘Theresa May has said the claims a police investigation into the late Liberal MP Cyril Smith was scrapped, and corruption blocked other historic police operations into child abuse, were “shocking and could lead to criminal prosecutions”.’

The Guardian, 17th March 2015

Source: www.guardian.co.uk

Professionals blamed Oxfordshire girls for their sexual abuse, report finds – The Guardian

Posted March 4th, 2015 in age of consent, alcohol abuse, care homes, children, disciplinary procedures, drug abuse, local government, news, police, rape, sexual grooming, sexual offences, social services, torture, victims, violence by sally

‘Police and social workers in Oxfordshire had a tainted perception that girls as young as 11 consented to sex with men who raped and brutalised them, an independent report into the failure to stop their exploitation has said.’

The Guardian, 3rd March 2015

Source: www.guardian.co.uk

Council gets High Court breach of contract claim from care provider struck out – Local Government Lawyer

Posted February 25th, 2015 in care homes, contracts, costs, fees, local government, news, residential care by sally

‘Cornwall Council has successfully applied to have a breach of contract claim brought by a care provider struck out just as a trial listed for five days was about to start.’

Local Government Lawyer, 24th February 2015

Source: www.localgovernmentlawyer.co.uk

In re AJ (Deprivation Of Liberty: Safeguards) – WLR Daily

Posted February 18th, 2015 in care homes, deprivation of liberty safeguards, human rights, law reports, local government, mental health by sally

In re AJ (Deprivation Of Liberty: Safeguards) [2015] EWCOP 5 ; [2015] WLR (D) 64

‘In situations involving a deprivation of liberty local authorities and professionals needed to be alert to cases where vulnerable people were admitted to residential care, ostensibly for respite care, when the underlying plan was for a permanent placement without proper consideration of their rights under article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 10th February 2015

Source: www.iclr.co.uk

Costs and care homes – Law Society’s Gazette

Posted February 4th, 2015 in care homes, costs, fees, judicial review, local government, news, public private partnerships, residential care by sally

‘Public authority decisions are, of course, open to judicial review. However, such decisions are fundamentally the domain of the relevant decision-maker and not the court. The court’s sole function (in appropriate cases) is to review the substantive and procedural lawfulness of the decision in question but not its intrinsic merits.’

Law Society’s Gazette, 2nd February 2015

Source: www.lawgazette.co.uk

Late claimant’s bid to delay trial refused – Law Society’s Gazette

Posted February 4th, 2015 in care homes, costs, delay, news, privilege, time limits, witnesses by sally

‘The High Court has rejected a non-compliant claimant’s plea to set aside a trial date but stopped short of effectively ending the claim altogether.’

Law Society’s Gazette, 30th January 2015

Source: www.lawgazette.co.uk

Court of Appeal: Solicitors cannot recover costs if CFAs failed to comply with cancellation regulations – Litigation Futures

Posted February 2nd, 2015 in appeals, care homes, contracts, costs, fees, news, notification, personal injuries, solicitors by sally

‘Appeal judges have ruled that solicitors cannot recover their costs where conditional fee agreements (CFAs) fail to comply with the cancellation of contracts regulations, with a potential impact on a significant number of cases.’

Litigation Futures, 2nd February 2015

Source: www.litigationfutures.com

What price liberty? Damages, DOLS and a cat named Fluffy – UK Human Rights Blog

Posted January 30th, 2015 in care homes, Court of Protection, damages, elderly, false imprisonment, human rights, news by sally

‘With a significant backlog of care home cases in the Court of Protection, P’s case runs the risk of becoming something of a precedent on the question of damages for unlawful detention. However, as far as calculation of damages goes, it is light on analysis of principle. This post seeks to explore whether the considerable case law that has developed on damages for false imprisonment in other situations may help illuminate what this type of case is worth.’

UK Human Rights Blog, 29th January 2015

Source: www.ukhumanrightsblog.com

Elderly man ‘held prisoner’ in care home – Daily Telegraph

Posted January 28th, 2015 in care homes, deprivation of liberty safeguards, elderly, human rights, local government, married persons, mental health, news, ombudsmen, social services by tracey

‘An elderly man suffering from dementia was treated like a “prisoner” after social workers dispatched him to a nursing home against his and his family’s wishes without going through proper legal processes, a formal investigation has found.’

Daily Telegraph, 28th January 2015

Source: www.telegraph.co.uk

£60k compensation for pensioner, 91, locked away from his cat – Daily Telegraph

Posted January 22nd, 2015 in care homes, compensation, costs, detention, elderly, mental health, news, social services by sally

‘Judge says it is ‘hard to imagine a more depressing and inexcusable’ case than that of the WWII veteran taken from his home against his wishes by Essex council.’

Daily Telegraph, 21st January 2015

Source: www.telegraph.co.uk

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