Category: care homes

What is the right approach to Care Act assessments? – Local Government Lawyer

Posted February 28th, 2025 in care homes, disabled persons, duty of care, housing, local government, news by Lily

‘In a judgment giving guidance on the approach to be taken to Care Act 2014 assessments, the High Court has distinguished between “provision of care and support for which a home is needed” and “provision which a home would need so as to be equipped for the relevant person”, holding that the former can trigger a duty to accommodate under the Care Act 2014 whereas the latter cannot.’

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Local Government Lawyer, 28th February 2025

Source: www.localgovernmentlawyer.co.uk

Watchdog highlights safety concerns at care home – BBC News

Posted February 25th, 2025 in care homes, health & safety, medicines, news, ombudsmen, quality assurance by tracey

‘Concerns over safety at a Leeds care home have been raised by the health watchdog.’

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BBC News, 25th February 2025

Source: www.bbc.co.uk

Setting care home fees – Local Government Lawyer

Posted February 10th, 2025 in Administrative Court, care homes, consultations, fees, judicial review, local government, news by tracey

‘The High Court has quashed a decision by a city council to set an annual increase to care home fees below-inflation. Philip Rule KC looks at the lessons from the judgment.’

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Local Government Lawyer, 7th February 2025

Source: www.localgovernmentlawyer.co.uk

Care home providers win High Court battle with council over minimal uplift in fees – Local Government Lawyer

Posted January 31st, 2025 in care homes, equality, local government, news by Lily

‘A group of local care homes has won an irrationality case in the High Court against Stoke-on-Trent City Council over the local authority’s decision to pay only a minimal uplift in fees for home residents.’

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Local Government Lawyer, 30th January 2025

Source: www.localgovernmentlawyer.co.uk

Abuse report care pupils felt like ‘troublemakers’ – BBC News

Posted January 20th, 2025 in care homes, child abuse, child cruelty, children, news, professional conduct, sexual offences by tracey

‘Former pupils at a residential school caring for vulnerable young people have said they were ignored when reporting claims of abuse.’

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BBC News, 20th January 2025

Source: www.bbc.co.uk

‘Sexual safety’ concerns at ‘inadequate’ care home – BBC News

Posted January 15th, 2025 in care homes, news, quality assurance by tracey

‘A home caring for people with dementia where concerns about “sexual safety” and falls were raised has been placed in special measures.’

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BBC news, 15th January 2025

Source: www.bbc.co.uk

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.’

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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.’

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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

Posted October 7th, 2024 in care homes, deprivation of liberty safeguards, elderly, families, local government, news, ombudsmen by michael

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

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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

Posted September 27th, 2024 in armed forces, care homes, domestic violence, homelessness, housing, local government, news, victims, young persons by sally

‘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.’

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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.’

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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”.’

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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.’

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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

Posted August 5th, 2024 in care homes, deprivation of liberty safeguards, Ministry of Justice, news, statistics by tracey

‘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.’

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The Guardian, 4th August 2024

Source: www.theguardian.com

Council failed over duty to save care home – BBC News

Posted July 8th, 2024 in care homes, disabled persons, learning difficulties, local government, news, ombudsmen by tracey

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

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BBC News, 8th July 2024

Source: www.bbc.co.uk

A delicate balance – Local Government Lawyer

Posted July 5th, 2024 in autism, care homes, Court of Protection, families, learning difficulties, local government, medicines, news by michael

‘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.’

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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.’

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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.’

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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

Posted January 22nd, 2024 in care homes, care workers, forced labour, government departments, immigration, news, statistics, visas by tracey

‘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.’

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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.’

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Local Government Lawyer, 8th January 2024

Source: www.localgovernmentlawyer.co.uk