Licences granted to nearly 200 UK care providers despite labour law violations – The Guardian

Posted November 12th, 2024 in care homes, care workers, employment, immigration, licensing, news, reports by tracey

‘Nearly 200 care providers have been given government licences to bring foreign nurses to the UK despite having previously violated labour laws, according to a study that highlights widespread employment problems in the social care sector.’

Full Story

The Guardian, 12th November 2024

Source: www.theguardian.com

Final report into Care Quality Commission identifies “significant internal failings” – Local Government Lawyer

Posted October 16th, 2024 in care homes, doctors, health, hospitals, local government, news, quality assurance by sally

‘The Government has pledged further action to strengthen patient safety after a final report identified “significant internal failings” at the Care Quality Commission (CQC), hampering the regulator’s ability to identify poor performance at hospitals, care homes and GP practices.’

Full Story

Local Government Lawyer, 15th October 2024

Source: www.localgovernmentlawyer.co.uk

Council at fault in consideration of best interests of elderly woman, Ombudsman finds – Local Government Lawyer

‘The woman behind the complaint, Ms Y, complained that professionals failed to understand her mother’s personality and wrongly determined she lacked capacity.’

Full Story

Local Government Lawyer, 7th October 2024

Source: www.localgovernmentlawyer.co.uk

Care leavers under 25, domestic abuse survivors and veterans to be exempt from social housing “local connection” rules – Local Government Lawyer

‘Care leavers under 25, domestic abuse survivors and all UK Armed Forces veterans are to be exempt from rules which require a connection to a local area before accessing social housing, the Government has announced.’

Full Story

Local Government Lawyer, 26th September 2024

Source: www.localgovernmentlawyer.co.uk

Nursing home held not to be a public authority for the purposes of an Article 2 claim – UK Human Rights Blog

Posted September 24th, 2024 in care homes, human rights, mental health, negligence, news by tracey

‘In Sammut v Next Steps Mental Healthcare Ltd and Greater Manchester Mental Health Foundation Trust [2024] EWHC 2265(KB), HHJ Bird sitting as a judge of the High Court gave summary judgment in favour of the first defendant in a claim against a care home brought on behalf of the estate of a mental health patient for breach of ECHR Article 2. HHJ Bird held that the care home was not engaged in public functions for the purposes of section 6 of the Human Rights Act 1998 and was not a public authority. Further, the alleged breach of Article 2 was in reality no more than an allegation of clinical negligence outwith the scope of Article 2.’

Full Story

UK Human Rights Blog, 24th September 2024

Source: ukhumanrightsblog.com

Ombudsman upholds care home’s complaint about funding for resident – Local Government Lawyer

Posted September 24th, 2024 in care homes, local government, news, ombudsmen by tracey

‘The Local Government and Social Care Ombudsman has found Leicester City Council at fault in relation to a lack of funding support for a resident in a care home, finding that its actions led to a “financial shortfall” and a “missed opportunity to reduce the risk of harm to the Home residents”.’

Full Story

Local Government Lawyer, 23rd September 2024

Source: www.localgovernmentlawyer.co.uk

Council decision-making procedures and legal advice “not followed” during closure of care home, independent review finds – Local Government Lawyer

Posted August 30th, 2024 in care homes, local government, news by sally

‘An independent review into Wakefield Council’s decision to close a residential care home, moving some residents in less than 48 hours, has found that the council’s decision-making procedures were “not followed properly”, and that there wasn’t enough focus on the needs of residents.’

Full Story

Local Government Lawyer, 29th August 2024

Source: www.localgovernmentlawyer.co.uk

Challenges to deprivation of liberty orders in England soar by a third – The Guardian

‘Growing numbers of vulnerable people receiving care are challenging deprivation of liberty (Dol) orders that can mean they are locked up or kept under restrictive supervision.’

Full Story

The Guardian, 4th August 2024

Source: www.theguardian.com

Council failed over duty to save care home – BBC News

‘A council should have done more to prevent the closure of a care home for people with learning disabilities, an investigation has found.’

Full Story

BBC News, 8th July 2024

Source: www.bbc.co.uk

A delicate balance – Local Government Lawyer

‘When is it in the best interests of an adult without capacity to be separated from her mother and covertly administered medication? A recent decision at the Court of Protection provides some guidance.’

Full Story

Legal Futures, 5th July 2024

Source: www.localgovernmentlawyer.co.uk

Council defends High Court challenge from care home operators – Local Government Lawyer

Posted June 12th, 2024 in care homes, fees, judicial review, local government, news by sally

‘Northumberland County Council has successfully defended a legal challenge brought by an unincorporated association of care home operators regarding the weekly fees paid by the local authority to care home operators.’

Full Story

Local Government Lawyer, 11th June 2024

Source: www.localgovernmentlawyer.co.uk

Deprivation of liberty and care providers – how thick is your legal ice? – Mental Capacity Law and Policy

Posted March 22nd, 2024 in care homes, deprivation of liberty safeguards, elderly, families, news by sally

‘In a recent report, entitled A Hidden Crisis, Age UK has highlighted the extent of the problems with DoLS, setting out the results of qualitative research carried out with care home staff, representatives of local authority DoLS teams, and families of those affected by DoLS.’

Full Story

Mental Capacity Law and Policy, 19th March 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Modern slavery in social care surging since visa rules eased – The Guardian

‘Modern slavery is surging in social care since ministers relaxed immigration rules to fill thousands of vacancies, with a growing wave of exploitation leading to workers being ripped off or living in squalor.’

Full Story

The Guardian, 21st January 2024

Source: www.theguardian.com

Council told to deduct £11k from outstanding care home fees after delays in carrying out financial assessment – Local Government Lawyer

Posted January 9th, 2024 in care homes, elderly, fees, local government, news, ombudsmen by tracey

‘The Local Government and Social Care Ombudsman has found fault in the way that Essex County Council carried out a financial assessment and a deferred payment process for an elderly man with dementia.’

Full Story

Local Government Lawyer, 8th January 2024

Source: www.localgovernmentlawyer.co.uk

Council wins Court of Appeal battle over succession to property after mother entered care home – Local Government Lawyer

Posted November 2nd, 2023 in appeals, care homes, families, housing, human rights, local government, news by sally

‘Dudley Metropolitan Borough Council has defeated an appeal by a resident who claimed she should have been able to succeed to her mother’s council house as – had her mother not had to enter a care home – she would have been resident there with her at the time of her death.’

Full Story

Local Government Lawyer, 2nd November 2023

Source: www.localgovernmentlawyer.co.uk

Abused care home resident secures ‘landmark’ settlement of legal claim – The Independent

‘A vulnerable former care home resident has secured the High Court’s approval of a “landmark” settlement of his legal claim over the abuse he suffered at the hands of staff.’

Full Story

The Independent, 1st November 2023

Source: www.independent.co.uk

Maguire, Detention, and Article 2 Inquests – Doughty Street Chambers

‘Maguire [2023] UKSC 20 is the most recent, and highest, authority on the engagement of Article 2 ECHR in inquests. The Supreme Court’s judgment ties together the Maguire and Morahan authorities (both of which had previously reached the Court of Appeal). It runs to 77 pages, with a leading judgment from Lord Sales, and a concurrence from Lord Stephens.’

Full Story

Doughty Street Chambers, 7th July 2023

Source: insights.doughtystreet.co.uk

Families sue government for failing to protect care homes from Covid – BBC News

Posted August 25th, 2023 in bereavement, care homes, damages, families, government departments, hospitals, news by sally

‘Thirty families are starting legal action against the government, care homes and several hospitals in England over the deaths of their relatives in the early days of the Covid pandemic.’

Full Story

BBC News, 25th August 2023

Source: www.bbc.co.uk

Ofsted issues warning against placement of vulnerable children in unregistered homes – Local Government Lawyer

‘Ofsted has warned that “too often”, children subject to deprivation of liberty (DoL) orders are placed in illegal unregistered settings without external oversight.’

Full Story

Local Government Lawyer, 15th August 2023

Source: www.localgovernmentlawyer.co.uk

Children’s Commissioner for England asks for views on adding care experience to list of ‘protected characteristics’ – Local Government Lawyer

Posted August 2nd, 2023 in adoption, care homes, children, equality, fostering, local government, news by sally

The Children’s Commissioner for England, Dame Rachel de Souza, is to ask care-experienced people for their views on whether care experience should be a ‘protected characteristic’ under the Equality Act 2010 – “like age, disability or religion currently are”.

Full Story

Local Government Lawyer, 1st August 2023

Source: www.localgovernmentlawyer.co.uk