High Court backs move of 89-year-old man with Alzheimer’s from care home in UK to Jamaica – Local Government Lawyer

Posted September 21st, 2022 in care homes, Court of Protection, elderly, Jamaica, local government, mental health, news by sally

‘It is in the best interests of an 89-year-old man (XX) currently in a care home in the UK to travel to Jamaica for his last years, despite him lacking the mental capacity to make the decision himself, a High Court judge has ruled.’

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Local Government Lawyer, 20th September 2022

Source: www.localgovernmentlawyer.co.uk

Court of Protection judge backs trial period of 92-year-old being cared for at home, saying risk was manageable – Local Government Lawyer

Posted September 15th, 2022 in care homes, community care, Court of Protection, elderly, human rights, mental health, news by tracey

‘A Court of Protection judge has approved a trial period where a 92-year-old woman (AC) is care for in her home, in a case where the council argued that she should remain in a care home.’

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Local Government Lawyer, 15th September 2022

Source: www.localgovernmentlawyer.co.uk

Modernising lasting powers of attorney: change is coming – Legal Futures

‘In 2007, the Mental Capacity Act 2005 introduced Lasting Powers of Attorney (LPAs) which for the first time allowed a donor to appoint an attorney to make decisions both about their property and financial affairs, but also about their health and welfare.’

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Legal Futures, 17th August 2022

Source: www.legalfutures.co.uk

Sussex PCs used baton and Taser on elderly man in wheelchair – BBC News

‘Gross misconduct notices have been served on two police officers who used a baton, a Taser and incapacitant spray on a man in a wheelchair.’

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BBC News, 4th August 2022

Source: www.bbc.co.uk

Cwm Taf Morgannwg fined £850k after Maesteg patient death – BBC News

‘A health board has been fined £850,000 after a patient fell in the grounds of a hospital and died from her injuries after wandering from an unlocked ward.’

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BBC News, 9th July 2022

Source: www.bbc.co.uk

Organised criminal gang jailed for impersonating police officers to defraud victims of over £400,000 – Crown Prosecution Service

‘An organised criminal gang who pretended to be police officers and preyed on elderly victims in a fraud involving more than £400,000 were jailed today (10 June 2022).’

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Crown Prosecution Service, 10th June 2022

Source: www.cps.gov.uk

Challenge to Government policy of discharging hospital patients to care homes at start of pandemic partly upheld – UK Human Rights Blog

‘The High Court (Bean LJ and Garnham J) held in R (Gardner) v Secretary of State for Health [2022] EWHC 967 (Admin) that the Government’s March 2020 Discharge Policy and the April 2020 Admissions Guidance were unlawful to the extent that the policy set out in each document was irrational in failing to advise that where an asymptomatic patient (other than one who had tested negative) was admitted to a care home, he or she should, so far as practicable, be kept apart from other residents for 14 days.’

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UK Human Rights Blog, 3rd May 2022

Source: ukhumanrightsblog.com

Government will not challenge court ruling on care home discharge policies – The Independent

‘The Government has said it will not be appealing against a High Court ruling which stated its care home discharge policies were unlawful.’

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The Independent, 4th May 2022

Source: www.independent.co.uk

‘Thrown to the wolves’: Covid care home ruling is bitter victory for relatives – The Guardian

Posted April 28th, 2022 in care homes, coronavirus, elderly, hospitals, news by sally

‘This time of year brings bad memories for families of care home residents who died in Covid’s first wave when the virus swept, mostly unchecked, through nursing homes.’

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The Guardian, 27th April 2022

Source: www.theguardian.com

Fraudster who stole antiques from elderly jailed – The Independent

Posted April 1st, 2022 in Crown Prosecution Service, elderly, fraud, imprisonment, news, sentencing, victims by sally

‘A conman who posed as an antiques dealer from a Chelsea auction house to dupe elderly and vulnerable victims out of hundreds of thousands of pounds has been jailed for five-and-a-half years.’

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The Independent, 31st March 2022

Source: www.independent.co.uk

Brady Hickman jailed for rape of woman, 71, in her own home – BBC News

Posted March 24th, 2022 in elderly, news, rape, sentencing by sally

‘A man who raped a 71-year-old woman in her own home has been given a 15-year sentence.’

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BBC News, 23rd March 2022

Source: www.bbc.co.uk

Companies fined for marketing calls targeting elderly – BBC News

Posted March 16th, 2022 in consumer protection, elderly, fines, insurance, news, ombudsmen, telecommunications by tracey

‘Five companies who made thousands of unwanted marketing calls to “older, vulnerable people” must pay fines totalling £405,000.’

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BBC News, 16th March 2022

Source: www.bbc.co.uk

Recent case highlights need for law reform in forced/predatory marriage – Family Law

Posted January 24th, 2022 in elderly, families, family courts, forced marriages, marriage, mental health, news by tracey

‘Predatory or forced marriages faced by individuals (usually elderly) whose mental capacity is in doubt or who are vulnerable to undue influence remain an open wound for many families.’

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Family Law, 12th January 2022

Source: www.familylaw.co.uk

Does the law on predatory marriage need to change? – Family Law

Posted January 10th, 2022 in consent, elderly, fraud, intestacy, marriage, news, wills by tracey

‘In recent years there have been calls for a change in the law to protect vulnerable adults from falling victim to what has become known as “predatory marriage”. This is due to a rise in cases where fraudsters have married vulnerable and often elderly individuals, without the knowledge of their loved ones, and are then able to access the new spouse’s lifetime savings and inherit their entire estate under the intestacy rules, as marriage automatically revokes any previous Will a person may have made.’

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Family Law, 7th January 2022

Source: www.familylaw.co.uk

US woman who has lived in UK for 53 years wins deportation appeal – The Guardian

Posted November 18th, 2021 in appeals, deportation, drug offences, elderly, news by tracey

‘A 75-year-old American woman who uses a Zimmer frame and is unable to digest solid food has won her appeal to remain in the UK after living here for 53 years.’

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The Guardian, 17th November 2021

Source: www.theguardian.com

‘Inadequate’ Blackburn care home put into special measures – The Guardian

Posted October 19th, 2021 in care homes, elderly, news, standards by tracey

‘Inspectors who visited Longfield residential home found dementia patients living in “undignified” and dirty conditions.’

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The Guardian, 19th October 2021

Source: www.theguardian.com

Aster Healthcare fined £1m over woman’s scalding bath death – BBC News

Posted October 8th, 2021 in care homes, corporate manslaughter, elderly, fines, news, suspended sentences by tracey

‘A care home firm has been fined more than £1m for corporate manslaughter after the death of a dementia patient who was put in a scalding bath.’

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BBC News, 8th October 2021

Source: www.bbc.co.uk

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

Former trader jailed for defrauding pensioners – BBC News

Posted July 15th, 2021 in abuse of position of trust, elderly, fraud, news, sentencing by tracey

‘A former stockbroker has been jailed for defrauding two pensioners out of nearly £34,000.’

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BBC News, 15th July 2021

Source: www.bbc.co.uk

Man jailed for karate kicking fisherman, 74, into River Mersey – BBC News

Posted June 11th, 2021 in assault, elderly, imprisonment, news, sentencing, young offenders by tracey

‘A man who karate kicked a 74-year-old fisherman into the River Mersey has been jailed for 10 weeks.’

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BBC News, 10th June 2021

Source: www.bbc.co.uk