Disabled people can be taken to prostitutes by care workers, judge rules – Daily Telegraph

‘Council care workers can help disabled people meet prostitutes without breaking the law, a judge has confirmed in a landmark ruling. A judge in the Court of Protection – a specialist court which considers issues relating to people who are deemed to lack capacity to make certain decisions – ruled that carers who facilitate adults with learning disabilities to visit sex workers will not be committing a criminal offence.’

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Daily Telegraph, 29th April 2021

Source: www.telegraph.co.uk

Tomlinson-Blake in the Supreme Court – by Kate Ewing – UK Labour Law

Posted April 29th, 2021 in care workers, minimum wage, news, remuneration, Supreme Court, working time by sally

‘The Supreme Court decision in Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad & Another (T/A Clifton House Residential Home) [2021] UKSC 8 (“Mencap”) can only be described as a bitter blow to low paid, hard-working care workers who have been at the forefront of the most essential work during the ongoing global pandemic. In emotional terms it is hard to comprehend how such workers can feel anything other than betrayed and devalued as a result. The decision is, in the context of the great efforts by these workers, quite simply crushing. In legal terms, the decision also generates real concerns about the fragmentation of a basic minimum labour standard – the wage floor. One difficulty is the legal framework that workers have to rely on in relation to minimum wage protection in the UK. Further concerns also relate to the approach taken by the Supreme Court to the concept of time to be considered working (“work time”) in relation to the National Minimum Wage (“NMW”).’

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UK Labour Law, 28th April 2021

Source: uklabourlawblog.com

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

Mencap and Uber in the Supreme Court: Working Time Regulation in an Era of Casualisation – Oxford Human Rights Hub

Posted April 6th, 2021 in care workers, casual workers, news, Supreme Court, taxis, working time by sally

‘In recent weeks, two long-awaited UK Supreme Court judgments have offered strikingly divergent reflections on the meaning and parameters of working time.’

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Oxford Human Rights Hub, 1st April 2021

Source: ohrh.law.ox.ac.uk

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

Thousands of EU care workers in UK face losing immigration status – The Independent

Posted January 25th, 2021 in brexit, care workers, EC law, government departments, immigration, news by tracey

‘Care sector faces “devastation” as research shows one in seven EU employees unaware that they must apply to regularise status before June 2021 or be stripped of right to work and live in UK.’

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The Independent, 25th January 2021

Source: www.independent.co.uk

Watchdog finds serious faults in some English care homes’ Covid defences – The Guardian

‘Inspectors have uncovered serious weaknesses in some care homes’ defences against the pandemic, including Covid-positive carers being told to work because of staff shortages, a failure to isolate residents when they return from hospital and poor use of personal protection equipment.’

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The Guardian, 7th January 2021

Source: www.theguardian.com

Tribunal awards 10 UK homecare workers £10,000 each in back pay – The Guardian

‘Ruling says travel and waiting time between cases should be treated as working time.’

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The Guardian, 15th September 2020

Source: www.theguardian.com

Personal Protective Equipment – The Last Frontier? – Old Square Chambers

Posted April 2nd, 2020 in care workers, chambers articles, health, health & safety, hospitals, news by sally

‘A look at the legal issues surrounding the provision of personal protective equipment to front line healthcare workers.’

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Old Square Chambers, 30th March 2020

Source: www.oldsquare.co.uk

Ombudsman suspends complaints enquiries of councils and care providers – Local Government Lawyer

‘The Local Government and Social Care Ombudsman has suspended all casework activity that demands information from, or action by, local authorities and care providers, in light of the current coronavirus outbreak.’

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Local Government Lawyer, 26th March 2020

Source: www.localgovernmentlawyer.co.uk

Care worker sentenced for misconduct in public office – Crown Prosecution Service

Posted March 13th, 2020 in care workers, imprisonment, misfeasance in public office, news, sentencing by tracey

‘A care worker, who had a sexual relationship with a vulnerable young adult and manipulated her colleagues to cover up her actions, has been imprisoned today (12 March 2020).’

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Crown Prosecution Service, 12th March 2020

Source: www.cps.gov.uk

Girl sexually exploited ‘by over 40 adults’ while in care – The Guardian

‘The children’s commissioner has been called on to intervene in the case of a vulnerable teenager alleged to have been the victim of a catalogue of failures at the hands of social workers, medical authorities and police.’

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The Guardian, 8th December 2019

Source: www.theguardian.com

Disabled woman starved to death at home after carer visited own mother instead – The Independent

Posted August 29th, 2019 in care workers, community care, homicide, negligence, news, sentencing, social services by tracey

‘A care worker who left a severely disabled woman to starve to death in her home has been convicted of gross negligence manslaughter.’

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The Independent, 28th August 2019

Source: www.independent.co.uk

Carer sentenced for having sex with ‘vulnerable’ client – BBC News

‘A carer with learning difficulties who had sex with a “vulnerable” client should not have been working in the care industry, a court heard.’

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BBC News, 20th August 2019

Source: www.bbc.co.uk

A Brief Guide to Carrying out Capacity Assessments -39 Essex Chambers

‘This purpose of this document is to provide for social workers and those working in front-line clinical settings a brief overview of the law and principles relating to the assessment of capacity. Its focus is on (a) how to apply the MCA 2005 principles when assessing capacity; and (b) how to record your assessment, primarily in the context of health and welfare decisions.’

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39 Essex Chambers, March 2019

Source: 1f2ca7mxjow42e65q49871m1-wpengine.netdna-ssl.com

Social Care Compliance Scheme to continue despite Mencap decision – OUT-LAW.com

Posted September 3rd, 2018 in care workers, charities, minimum wage, news by sally

‘A national minimum wage (NMW) back pay compliance scheme for care sector employers will continue to operate in its current form despite a recent court judgment on how staff should be compensated for overnight ‘sleep-in’ shifts.’

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OUT-LAW.com, 31st August 2018

Source: www.out-law.com

Court of Appeal in Mencap: The end of minimum wage for sleep-ins when asleep? – Cloisters

Posted August 7th, 2018 in care workers, mental health, minimum wage, news by sally

‘Nathaniel Caiden considers today’s Court of Appeal judgment in Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad in which Caspar Glyn QC and Chesca Lord appeared for Mr Shannon.’

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Cloisters, 13th July 2018

Source: www.cloisters.com

Care provider wins Court of Appeal battle over sleep-in shifts and minimum wage – Local Government Lawyer

Posted July 16th, 2018 in care workers, minimum wage, news by tracey

‘The National Minimum Wage (NMW) does not apply to sleep-in shifts unless the worker is awake for the purpose of working, the Court of Appeal has reportedly ruled. It has been estimated that if Mencap, the appellant, had lost the case, it would have cost the care sector an estimated £400m in back-dated pay and £200m a year from 2020.’

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Local Government Lawyer, 13th July 2018

Source: www.localgovernmentlawyer.co.uk

Highbridge’s Mendip House staff ‘engaged in cruel behaviour’ – The Guardian

Posted February 9th, 2018 in autism, bullying, care homes, care workers, disciplinary procedures, news, reports by tracey

‘Autistic residents were subjected to “cruel behaviour”, bullying and humiliation at a care home in Somerset, a safeguarding report has found.’

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BBC News, 8th February 2018

Source: www.bbc.co.uk