The Government Accepts Recommendations To Protect Human Rights In Care Settings – Each Other

Posted January 11th, 2023 in care homes, government departments, human rights, news, select committees by sally

‘The government has accepted recommendations made by the Joint Committee on Human Rights (JCHR) on protecting human rights in health and social care settings. A formal response has been published following concerns about the protection of human rights in care settings which include the right to life (Article 2) and the right to be free from torture and degrading treatment (Article 3).’

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Each Other, 10th January 2023

Source: eachother.org.uk

No jab no job: 5 care home workers dismissed for not taking the vaccine – Lamb Chambers

‘In Dimitrova et Ors v Barchester Healthcare Ltd ET 1803315/2021, 5 care home workers brought claims against Barchester Healthcare Ltd, the second largest provider of care home services in the UK. These 5 Claimants were heard in the first tranche of several other claims. They all brought claims of unfair dismissal and two brought claims of direct/indirect religion/belief discrimination. Another Claimant brought a belief related harassment claim.’

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Lamb Chambers, December 2022

Source: www.lambchambers.co.uk

Coroner warns of risks after Wymondham care home failures – BBC News

‘A coroner has warned of a risk of future deaths after a woman died weeks after a care home put the wrong person’s details into her care plan.’

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BBC News, 2nd December 2022

Source: www.bbc.co.uk

Safeguarding children with disabilities in residential settings – Family Law

‘A national review into safeguarding children with disabilities and complex health needs has revealed serious failures at residential special schools registered as children’s homes.’

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family Law, 25th November 2022

Source: www.familylaw.co.uk

Woman groomed and abused in care gets apology after 30 years – The Guardian

‘Leeds city council letter accepting responsibility believed to be the first of its kind.’

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The Guardian, 20th November 2022

Source: www.theguardian.com

Safeguarding children with disabilities in residential settings – Family Law

‘A national review into safeguarding children with disabilities and complex health needs has revealed serious failures at residential special schools registered as children’s homes.’

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Family Law, 4th November 2022

Source: www.familylaw.co.uk

Council pays £55,000 and makes an apology to survivor of abuse in children’s home – Local Government Lawyer

‘Essex County Council has personally apologised to a man and agreed to pay him £55,000 in compensation following a civil compensation claim over sexual abuse he suffered as a child while in the council’s care.’

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Local Government Lawyer, 4th November 2022

Source: www.localgovernmentlawyer.co.uk

City council to refund 11 years of care home top-up fees to family following Ombudsman investigation – Local Government Lawyer

Posted October 21st, 2022 in care homes, compensation, delay, families, fees, local government, news, ombudsmen by tracey

‘An investigation by the Local Government and Social Care Ombudsman has concluded that a family should never have been charged for 11 years’ worth of care home top-up fees for their mother’s care.’

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Local Government Lawyer, 21st October 2022

Source: www.localgovernmentlawyer.co.uk

Council secures possession in case concerning effect of time spent in residential care by person with no mental capacity and whether it should deprive family member of right to succeed – Local Government Lawyer

‘A woman must leave her home of 57 years because her mother – the legal tenant of Dudley Metropolitan Borough Council – died in a care home rather than in the house, the High Court has ruled.’

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Local Government Lawyer, 23rd September 2022

Source: www.localgovernmentlawyer.co.uk

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

Residential care, succession and human rights incompatibility – Nearly Legal

‘Dudley Metropolitan Borough Council v Mailley (2022) EWHC 2328 (QB). A quick note on this possession claim, which involves a challenge to Section 87 Housing Act 1985 as incompatible with Article 8 and 14 ECHR.’

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Nearly Legal, 19th September 2022

Source: nearlylegal.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

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

Care firm My Homecare Reading put clients at risk, report finds – BBC News

Posted August 2nd, 2022 in care homes, news, recruitment, reports, standards by tracey

‘An inadequate care firm put clients at risk of avoidable harm and failed to obtain required recruitment information for some staff, inspectors found.’

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BBC News, 2nd August 2022

Source: www.bbc.co.uk

Human rights of people in care at risk due to slow progress on visiting – report – The Independent

‘The human rights of people in care are at risk of being breached by slow progress on enabling visits and the inappropriate use of resuscitation notices, a report has warned.’

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The Independent, 22nd July 2022

Source: www.independent.co.uk

Serious incidents more common in for-profit children’s homes in England – The Guardian

‘Serious incidents involving the police and whistleblowing complaints are more common in private children’s homes run to make a profit than in homes run by charities and councils, data suggests.’

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The Guardian, 28th June 2022

Source: www.theguardian.com

Reports of Calcot abuse prompt calls for reform of children’s social care in UK – The Guardian

‘Ministers are facing calls for urgent reform of the children’s residential care system in the wake of shocking reports of vulnerable youngsters being abused and sexually assaulted at homes run by a private firm making huge profits.’

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The Guardian, 9th June 2022

Source: www.theguardian.com

Ombudsman investigation sees council agree to repay five years of care fee top-ups after it failed to offer affordable alternative placement first – Local Government Lawyer

‘Stockport Metropolitan Borough Council has agreed to reimburse “a significant amount of money” to a woman after it did not offer her mother an affordable care home placement, before asking her to pay a top-up towards her mother’s fees.’

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Local Government Lawyer, 6th May 2022

Source: www.localgovernmentlawyer.co.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