Trust fined over man’s bath death – BBC News
“A mental health trust has been fined £25,000 after the death of an elderly man who was scalded in a bath filled with 95C water at a respite home.”
BBC News, 30th June 2008
Source: www.bbc.co.uk
Category: care homes
Nurses sentenced over fit death – BBC News
“Two nurses who failed to help a woman during a fit lasting over two hours have received suspended jail terms.”
BBC News, 22nd May 2008
Source: www.bbc.co.uk
Called into battle – The Guardian
“Yvonne Hossack has become a hate figure for the establishment, but the fearless solicitor risking bankruptcy to challenge cuts and closure of care services tells David Brindle how she is driven on by ‘a more ancient set of laws’.”
The Guardian, 21st May 2008
Source: www.guardian.co.uk
Law changed to protect elderly people paying for own care – The Guardian
“The government will extend the Human Rights Act to protect up to 300,000 people who have been placed by local authorities in privately-run residential and nursing homes, the Guardian can reveal.”
The Guardian, 27th March 2008
Source: www.guardian.co.uk
Welsh Ministers v Care Standards Tribunal and Another – Times Law Reports
Welsh Ministers v Care Standards Tribunal and Another
Queen’s Bench Division
“Although an individual’s registration as manager of a care home had to be related to a specific establishment or agency, it was not necessarily the case that appeals to the Care Standards Tribunal, where the premises had ceased to be available, should be struck out.”
The Times, 29th February 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Woman, 94, died from neglect – The Times
“A frail 94-year-old pensioner who looked ‘like a concentration camp victim’ just weeks after being taken into a care home died of neglect, an investigation has ruled.”
The Times, 15th February 2008
Source: www.timesonline.co.uk
Welsh Ministers v Care Standards Tribunal and another – WLR Daily
Welsh Ministers v Care Standards Tribunal and another [2008] WLR (D) 8
“The registration of an individual as a manager under Part II of the Care Standards Act 2000 had to relate to a specific establishment or agency. It was not necessarily the case however that all appeals to the Care Standards Tribunal concerning applications for registration as a manager where the premises in question had ceased to be available to the applicant should be struck out as being misconceived or having no reasonable prospect of success.”
WLR Daily, 25th January 2008
Source: www.lawreports.co.uk
Please note: once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Get tough drive to improve care homes for elderly that fail to offer quality service – The Guardian
“The government will today tell local authorities to use their purchasing power to drive out of business any care home proprietor who fails to provide older people with a quality service, delivered with dignity and respect.”
The Guardian, 4th December 2007
Source: www.guardian.co.uk
Jain and Another v Trent Strategic Health Authority – Times Law Reports
Jain and Another v Trent Strategic Health Authority
Court of Appeal
“The risk of harm to the residents of registered homes outweighed the economic interests of the registered home proprietor.”
The Times, 30th November 2007
Source: www.timesonline.co.uk
Please note: the Times Law Reports are only available free on Times Online for 21 days from the date of publication
Jain and Another v Trent Strategic Health Authority – WLR Daily
Jain and Another v. Trent Strategic Health Authority
“The registration authority, in applying to a magistrate for an order for the cancellation of the registration of a nursing home under s 30 of the Registered Homes Act 1984, owed no duty of care at common law to the proprietor.”
WLR Daily, 23rd November 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Dementia widow wins fight to recover nursing home costs – The Times
“A dementia sufferer has won a landmark High Court battle to force the NHS to pay her nursing home fees.”
The Times, 22nd November 2007
Source: www.timesonline.co.uk
Care home owners to fight Human Rights Act – Daily Telegraph
“Care home owners are expected to defend their right to evict residents and maintain profits.”
Daily Telegraph, 29th October 2007
Source: www.telegraph.co.uk
Means testing for elderly to be ended – The Independent
“Means testing that has forced thousands of elderly people to sell their family homes to pay for their care in old age could be ended with a forthcoming Government Green Paper.”
The Independent, 11th October 2007
Source: www.independent.co.uk
A catalogue of abuse: report demands law to protect elderly in hospitals and care homes – The Guardian
“Vulnerable elderly people are being subjected to neglect, abuse, discrimination and ill-treatment in the hospitals and care homes that should be looking after them, according to a report published today by a parliamentary committee.”
The Guardian, 15th August 2007
Source: www.guardian.co.uk
Law Lords leave elderly out in cold – The Observer
“A ruling leaves elderly and vulnerable people in private care homes with no protection from eviction or ill-treatment, writes Jon Robins.”
The Observer, 24th June 2007
Source: www.guardian.co.uk
YL v. Birmingham City Council – WLR Daily
YL v. Birmingham City Council [2007] UKHL 27
“A private care home providing care and accommodation for an elderly person under contract with a local authority was not exercising ‘functions of a public nature’ within s 6(3)(b) of the Human Rights Act 1998 so as to allow that person to claim against the home under s 6(1) of the Act for breach of her Convention rights when it was sought to remove her from the home.”
WLR Daily, 20th June 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
YL v. Birmingham City Council and Others – Times Law Reports
Exercise of delegated council duty is a private function
YL v. Birmingham City Council and Others
House of Lords
“Where a private care home, under contract with a local authority, provided care and accommodation for an elderly person which the authority had been under a statutory duty to arrange, the care home was not exercising functions of a public nature so as to allow her to claim a breach of duty under the European Convention on Human Rights.”
The Times, 21st June 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Rights blow to elderly in private care – The Times
“Thousands of people who use hospital or school services contracted out by local authorities are without the protection of human rights laws, after a landmark ruling yesterday.”
The Times, 21st June 2007
Source: www.timesonline.co.uk
Private care homes not covered by human rights law – The Times
“Private care homes that look after elderly and vulnerable people on behalf of local authorities are not covered by human rights laws, the House of Lords ruled today.”
The Times, 20th June 2007
Source: www.timesonline.co.uk
Ruling on care home residents due – BBC News
“Law Lords are due to rule on whether the Human Rights Act applies to private care homes in England and Wales if residents are council funded.”
BBC News, 20th June 2007
Source: www.bbc.co.uk
