Category: care homes

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

Posted April 16th, 2021 in care homes, child abuse, children, damages, duty of care, employment, local government, news, sexual offences by tracey

‘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

Posted March 22nd, 2021 in appeals, care homes, care workers, employment, employment tribunals, minimum wage, news, remuneration, Supreme Court by tracey

‘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

Posted March 11th, 2021 in care homes, chambers articles, Court of Protection, damages, deprivation of liberty safeguards, local government, news by sally

‘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

Posted March 5th, 2021 in care homes, coronavirus, Court of Protection, disabled persons, elderly, families, local government, news, vaccination by sally

‘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

Posted March 3rd, 2021 in care homes, children, disabled persons, equality, families, housing, human rights, Judaism, judicial review, local government, news by sally

‘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

Posted February 25th, 2021 in care homes, consent, coronavirus, Court of Protection, elderly, mental health, news, vaccination by sally

‘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

Case Preview: Balhousie Holdings Ltd v Commissioners for Her Majesty’s Revenue & Customs (Scotland) – UKSC Blog

Posted February 25th, 2021 in care homes, leases, news, sale of land, Scotland, Supreme Court, VAT by sally

‘In this post, Jacob Gilkes, a member of the tax team at CMS, previews the decision awaited from the UK Supreme Court in the matter of Balhousie Holdings Limited v The Commissioners for Her Majesty’s Revenue & Customs, which concerns whether a sale and leaseback transaction should be regarded for VAT purposes as a disposal by the seller of its “entire interest” in the building.’

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UKSC Blog, 25th February 2021

Source: ukscblog.com

Fewer than one in six ‘hostile environment’ raids led to deportations – The Guardian

Posted February 22nd, 2021 in care homes, deportation, enforcement, government departments, immigration, news, statistics by tracey

‘Fewer than one in six of more than 44,000 “intelligence-led” Home Office immigration enforcement raids on people’s homes since the introduction of the “hostile environment” policy have resulted in deportations, according to data obtained by the Guardian.’

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The Guardian, 21st February 2021

Source: www.theguardian.com

Judge rules council and CCG failed lawfully to assess s.117 after care services for claimant – Local Government Lawyer

Posted February 19th, 2021 in autism, care homes, children, disabled persons, hospitals, local government, mental health, news by tracey

‘A discharge care plan approach (DCPA) written by the London Borough of Islington and North Central London Clinical Commissioning Group (CCG) was unlawful on nine points, the High Court has found.’

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Local Government Lawyer, 18th February 2021

Source: www.localgovernmentlawyer.co.uk

Rachel Johnston: Neglect contributed to woman’s teeth removal death – BBC News

Posted February 12th, 2021 in care homes, causing death of children or vulnerable adults, coroners, dentists, disabled persons, inquests, medical treatment, negligence, news, professional conduct by tracey

‘A disabled woman whose brain was starved of oxygen after an operation to remove all her teeth would probably have survived if care home staff acted sooner, an inquest heard. Staff at Pirton Grange Care Home, near Worcester, failed to spot Rachel Johnston was developing hypoxia. A coroner concluded neglect contributed to her death just over two weeks after she was taken to hospital.’

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BBC News, 11th February 2021

Source: www.bbc.co.uk

Re E [2021] EWCOP 7 – The COVID-19 Vaccine & Capacity – Pump Court Chambers

Posted February 11th, 2021 in care homes, chambers articles, consent, coronavirus, Court of Protection, elderly, mental health, news, vaccination by sally

‘It was just over a month between the first Covid-19 vaccination being administered and the first reported COP decision relating to it. As ever, this decision is fact specific, but there are some important points to take away.’

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Pump Court Chambers, 11th February 2021

Source: www.pumpcourtchambers.com

COVID-19 vaccination: capacity and best interests – the first reported Court of Protection judgement – Family Law

Posted February 9th, 2021 in care homes, consent, coronavirus, Court of Protection, elderly, mental health, news, vaccination by tracey

‘On 20 January 2021 in the matter of Re E (Vaccine) [2021] EWCOP 7, the Vice-President of the Court of Protection Mr Justice Hayden, delivered the first reported judgement in a vaccination dispute. Mrs E, the 80 year old dementia sufferer at the centre of the dispute (and who had been diagnosed with schizophrenia some 20 years ago), was living in a care home where there had been several cases of COVID-19. On 8 January 2021, the London Borough of Hammersmith and Fulham informed Mrs E’s Accredited Legal Representative that she was to be offered a COVID-19 injection on 11 January, however her son, Mr W, objected to this. Due to the risk of Mrs E succumbing to COVID-19, her legal representatives urgently sought a declaration, pursuant to s.15 of the Mental Capacity Act 2005 (“MCA 2005”), that it would be lawful and in her best interests to receive the vaccine at the next possible date (the appointment on 11 January having been missed due to the son’s objection).’

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Family Law, 3rd February 2021

Source: www.familylaw.co.uk

Senior judge authorises giving Covid-19 vaccine to 80-year-old woman in care home despite objections of son – Local Government Lawyer

Posted January 28th, 2021 in care homes, coronavirus, Court of Protection, elderly, families, local government, news, vaccination by sally

‘It was lawful and in the best interests of an 80-year-old care home resident with dementia and schizophrenia to be vaccinated against Covid-19 despite the objections of her son, the Vice-President of the Court of Protection has ruled.’

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Local Government Lawyer, 27th January 2021

Source: www.localgovernmentlawyer.co.uk

Taking Liberties: A simple guide to DOL – Transparency Project

Posted January 28th, 2021 in care homes, children, detention, families, human rights, local government, news by sally

‘This article is about Deprivation of Liberty involving children.’

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Transparency Project, 27th January 2021

Source: www.transparencyproject.org.uk

Rare inquests into UK Covid deaths raise concerns over care failings – The Guardian

Posted January 19th, 2021 in care homes, coronavirus, inquests, news, reports by sally

‘A series of healthcare failures that could lead to more people dying from Covid-19 were highlighted by a coroner during rare inquests into deaths in the first wave of the pandemic.’

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The Guardian, 18th January 2021

Source: www.theguardian.com

Covid: Couple fined for seven-mile trip to care home – BBC News

Posted January 13th, 2021 in care homes, coronavirus, enforcement, families, fines, freedom of movement, news, police by sally

‘A couple have been fined £60 for driving 20 minutes to see a relative in a care home.’

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BBC News, 12th January 2021

Source: www.bbc.co.uk