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

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

Full story

The Independent, 28th May 2015

Source: www.independent.co.uk

Bogus lawyers jailed after targeting the elderly with asset protection scam – Legal Futures

Posted May 26th, 2015 in elderly, fraud, news, sentencing, trusts by sally

‘Eight people who pretended to be lawyers have been sentenced after scamming elderly people out of more than £500,000 in return for bogus asset protection trusts, with carrying out a reserved legal activity when not authorised one of the charges half of them faced.’

Full story

Legal Futures, 26th May 2015

Source: www.legalfutures.co.uk

Lord Janner’s alleged victims seek formal review of DPP decision – The Guardian

‘A group of people who say they were abused by Lord Janner are seeking a formal review of the decision not to prosecute the former Labour MP following child sex abuse claims.’
Full story

The Guardian, 28th April 2015

Source: www.guardian.co.uk

The Care Act 2014: Charging for Care and Support – Doughty Street Chambers

Posted April 2nd, 2015 in costs, disabled persons, elderly, news, social services by sally

‘This paper considers the key changes introduced by the Care Act 2014 (“the Act”) in
relation to charging for care and support, including deferred payments. (It does not
set out each element of the charging scheme, much of which is unchanged).’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

The Care Act 2014: Carer’s Needs and Eligibility – Doughty Street Chambers

Posted April 2nd, 2015 in carers, disabled persons, elderly, legislation, news, social services by sally

‘This paper considers the eligibility criteria in relation to carers under the Care
Act 2014 (“the Act”), and what duties and powers local authorities are under
to meet eligible needs. The eligibility provisions in the Act are augmented by
the Care and Support Statutory Guidance of October 2014 (“the Guidance”),
Chapter 6, Assessment and eligibility.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

Safeguarding and the Care Act 2014 – Doughty Street Chambers

Posted April 2nd, 2015 in disabled persons, elderly, local government, news, social services by sally

‘This paper provides a brief overview of the provisions of the Care Act 2014
(“CA 2014”) and accompanying guidance directed at safeguarding vulnerable
adults.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

Introduction to the Care Act 2014 – Doughty Street Chambers

‘This paper deals with the following issues:
a. Establishing ordinary residence
b. Dispute resolution mechanism
c. Financial adjustment between local authorities
d. Prisoners
e. Challenges and appeals.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

The Care Act 2014: Overview of the Act and the New “General Responsibilities – Doughty Street Chambers

‘This paper gives an overview of the structure and objectives of the Care Act
2014 (“the Act”). It also considers the new “general responsibilities” on local
authorities set out in sections one to seven of the Act.’

Full story
(PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

The Care Act 2014: Care Planning – Doughty Street Chambers

‘This section deals with the law when local authorities are required or have
decided to meet the needs of adults who need care and support or support
(carers). As they are not yet in force the rules which are specific to selffunders and the ‘care-cost cap” have been left out. ‘

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

Pensions, pensions, and yet more pensions in the FCA’s business plan – RPC Financial Services Blog

Posted April 1st, 2015 in budgets, consumer protection, elderly, news, pensions, retirement by sally

‘The FCA has published its Business Plan for 2015/2016. One of the key themes for both regulation and risk is the pensions market given the pension reforms taking place on 6 April. The Business Plan highlights the fact that the pensions market is a key area of concern for the FCA and an area which it will be monitoring closely in the next year and beyond.’

Full story

RPC Financial Services Blog, 27th March 2015

Source: www.rpc.co.uk

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

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

Full story

BBC News, 1st April 2015

Source: www.bbc.co.uk

Maurice McCullough, 75, posed as 16-year-old to groom girl for sex – BBC News

Posted March 24th, 2015 in elderly, incitement, news, sentencing, sexual grooming, sexual offences by sally

‘A 75-year-old man who posed as a 16-year-old boy on social media to groom a young girl into have sex with him has been jailed for 10 years.’

Full story

BBC News, 23rd March 2015

Source: www.bbc.co.uk

Mental Capacity Law Newsletter – Thirty Nine Essex Street

Mental Capacity Law Newsletter (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

Elderly given power to decide where to die – Daily Telegraph

Posted March 13th, 2015 in consultations, elderly, health, hospitals, news by sally

‘Government consultation document sets out plans to give patients more powers to plan and make decisions about their “end of life care”.’

Full story

Daily Telegraph, 12th March 2015

Source: www.telegraph.co.uk

‘What crime have I committed to be held like this?’: inside Yarl’s Wood – The Guardian

‘Migrants and asylum seekers can be locked up at the high-security detention centre indefinitely. Reports of abuse, self-harm and suicide are rife. Now MPs are calling for an end to the ‘expensive, ineffective and unjust’ system. In a rare report, inmates describe their misery.’

Full story

The Guardian, 3rd March 2015

Source: www.guardian.co.uk

In re M (Incapacitated Adult) (Best Interests Declaration: Potential Contempt) – WLR Daily

In re M (Incapacitated Adult) (Best Interests Declaration: Potential Contempt) [2015] EWCOP 3; [2015] WLR (D) 42

‘The fact that a party deliberately acted in defiance of a best interests declaration made by the Court of Protection could not, without more, trigger contempt proceedings since a declaration was ultimately no more than a formal, explicit statement or announcement and there could not be “defiance” or “enforcement” of such a declaration.’

WLR Daily, 29th January 2015

Source: www.iclr.co.uk

Margate ‘potato masher attacker’ Mariusz Dobkowski who befriended elderly man before beating him almost to death is jailed for life – The Independent

‘A young man who befriended an elderly gentleman at a bus stop before following him home and beating him with a potato masher and a poker has been sentenced to life in jail.’

Full story

The Independent, 3rd February 2015

Source: www.independent.co.uk

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

‘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.’

Full story

UK Human Rights Blog, 29th January 2015

Source: www.ukhumanrightsblog.com

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

‘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.’

Full story

Daily Telegraph, 28th January 2015

Source: www.telegraph.co.uk

Nonagenarian unlawfully detained in care home for nearly two years – UK Human Rights Blog

‘The Court of Protection has castigated the actions of a County Council in depriving an old person of his liberty and dignity in their overreaction to reports that he might be subjected to financial exploitation. This, said the judge, amounted to punishing the victim for the acts of the perpetrators.’

Full story

UK Human Rights Blog, 22nd January 2015

Source: www.ukhumanrightsblog.com