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

More than 30,000 instances of abuse in sheltered housing over last three years, finds investigation – The Independent

Posted January 24th, 2018 in assault, care workers, disabled persons, elderly, news, statistics by tracey

‘More than 30,000 instances of abuse have taken place in sheltered housing against elderly or disabled people over the last three years, a BBC File on Four investigation has revealed.’

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The Independent, 23rd January 2018

Source: www.independent.co.uk

Who protects the social workers? – Transparency Project

Posted November 23rd, 2017 in care workers, harassment, media, news, social services by sally

‘When a child dies, it is often social workers whose names pop up in the press, who are vilified and blamed. Following the recent media attention around the death of adopted Elsie Scully-Hicks (Shayla), this has become a topic of discussion again within the social work community – not that it has ever gone away.’

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Transparency Project, 22nd November 2017

Source: www.transparencyproject.org.uk

Government starts work on Law Commission health care and mental capacity recommendations – Law Commission

‘The Government has launched a new consultation looking at the regulation of health care professionals, based on recommendations from a 2014 report by the UK Law Commissions.’

Full press release

Law Commission, 1st November 2017

Source: www.lawcom.gov.uk/

Will UK consumer law destroy the care home market? – The Guardian

Posted August 23rd, 2017 in care homes, care workers, competition, consumer protection, news by sally

‘Adult social care is on the financial ropes. Last year it was the introduction of the “national living wage”, this year it’s the requirement to backdate pay for sleep-in shifts. In both cases, the government is being urged to step in to prop up care providers.’

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The Guardian, 22nd August 2017

Source: www.theguardian.com

Modern slavery: the next social care scandal? – The Guardian

‘Foreign nationals working in social care could be victims of exploitation, trafficking and forced labour. Staff are being urged to speak out.’

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The Guardian, 26th June 2017

Source: www.theguardian.com

Care home staff guilty of ‘organised and systematic’ abuse of disabled adults – Daily Telegraph

‘Care home bosses could increasingly face prosecution over the neglect of residents after a “groundbreaking” court case into “organised and systematic” abuse.’

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Daily Telegraph, 7th June 2017

Source: www.telegraph.co.uk

Tees Esk & Wear Valleys NHS Foundation Trust v Harland – WLR Daily

Tees Esk & Wear Valleys NHS Foundation Trust v Harland UKEAT/173/16

‘The claimants, nursing assistants, were employed by the trust as part of a designated team of 27 people providing specialist care to C, who had severe learning difficulties, in his flat. When C’s condition improved and fewer carers were needed to look after him the team was reduced to 11 people, who also provided care to other disabled people living in flats in the same building. The contract to provide care to C was subsequently taken over by a healthcare company and the trust nominated those members of the team who had spent the greatest proportion of their working time looking after C to transfer to the company. The claimants were unwilling to transfer and left to take other posts or were made redundant. On their complaints of unfair dismissal an employment judge considered as preliminary issues whether there was a relevant transfer within the meaning of regulation 3(1) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 and whether the claimants had been assigned to an organised grouping of employees prior to the transfer, such that there had been a service provision change in accordance with regulation 3(1)(b). The tribunal found that the trust had initially put together an organised grouping of employees which included the claimants with the principal purpose of the care of C but as C recovered and the number of hours needed for his care was reduced the principal purpose of the group became subsidiary to the dominant purpose of providing care to other disabled people in the building and, accordingly, at the time of the transfer from the trust to the company the requirements of regulation 3(3)(a)(i) were not satisfied and there was no service provision change. The tribunal concluded that as there was no relevant transfer the claimants had been at all times employed by the trust.’

WLR Daily, 3rd March 2017

Source: www.iclr.co.uk

There is a growing trend to hold those in control of risk in the care sector responsible, says expert – OUT-LAW.com

Posted March 1st, 2017 in care homes, care workers, health & safety, news, prosecutions, sentencing by sally

‘There is a growing trend to hold care workers in control of risk responsible when things go wrong, a health and safety expert has said.’

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OUT-LAW.com, 28th February 2017

Source: www.out-law.com

Care home worker Karen Pedley given 14 life sentences – BBC News

Posted October 24th, 2016 in care homes, care workers, murder, news, sentencing by michael

‘A “fire-obsessed” care home worker who killed a 96-year-old resident by setting fire to her room has been given 14 life sentences.’

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BBC News, 21st October 2016

Source: www.bbc.co.uk

Care workers sue council contractor in minimum wage battle – BBC News

Posted September 14th, 2016 in care workers, employment tribunals, local government, minimum wage, news, trade unions by tracey

‘Seventeen care workers are alleging failure to be paid the minimum wage in the sector’s biggest ever legal claim.’

Full story

BBC News, 14th September 2016

Source: www.bbc.co.uk

Families’ fury over ‘painfully slow’ progress after Winterbourne View scandal – Daily Telegraph

‘Families of the victims of the Winterbourne View care scandal have written to David Cameron accusing ministers of betrayal by leaving vulnerable disabled people at risk of abuse five years on.’

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Daily Telegraph, 31st May 2016

Source: www.telegraph.co.uk

Relatives campaign for ‘Robin’s law’ to oblige care homes to inform family if a loved one is ill – The Guardian

‘As a new inquest approaches into the death of their autistic sister, family continues to fight for a law to boost the rights of relatives.’

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The Guardian, 1st June 2016

Source: www.guardian.co.uk

Deaf school’s closure was due to abuse of residents, says regulator – The Guardian

Posted April 6th, 2016 in assault, care workers, disabled persons, news, reports by tracey

‘The sudden closure of a college for vulnerable people was due to the serious abuse of residents by staff, the health and social care regulator has revealed.’

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The Guardian, 5th April 2016

Source: www.guardian.co.uk