Category: care homes

High Court judge approves bespoke placement in case where he had declined to authorise continued deprivation of liberty of 12 year old in psychiatric admissions unit – Local Government Lawyer

Posted October 1st, 2021 in care homes, children, detention, hospitals, local government, mental health, news by tracey

‘A High Court judge who last week refused to exercise the inherent jurisdiction to authorise the continued deprivation of the liberty of a 12-year-old child (LT) in an acute psychiatric admission unit for adolescents, has since authorised her deprivation of liberty in an empty children’s home found by the local authority, it has emerged.’

Full Story

Local Government Lawyer, 29th September 2021

Source: www.localgovernmentlawyer.co.uk

Looked after children and secure accommodation after 9 September – Local Government lawyer

Posted September 3rd, 2021 in care homes, children, local government, news, statutory duty by tracey

‘David Lock QC considers the looming crisis for children in local authority care being deprived of their liberty. What should local authorities do for looked after children in secure accommodation on 9 September?’

Full Story

Local Government Lawyer, 3rd September 2021

Source: www.localgovernmentlawyer.co.uk

High Court gives go-ahead for discrimination claim over legislation on regulated settings and children in care – Local Government Lawyer

Posted August 18th, 2021 in age discrimination, care homes, charities, children, government departments, judicial review, news by sally

‘A children’s rights charity has secured permission from the High Court for a judicial review of secondary legislation made by the Education Secretary, Gavin Williamson, which provides that children in care in England up to the age of 15 – but not 16 and 17-year-olds – must always live in regulated settings where they receive day-to-day care from adults.’

Full Story

Local Government Lawyer, 18th August 2021

Source: www.localgovernmentlawyer.co.uk

Authorising unregistered care and deprivation of liberty – Local Government Lawyer

Posted August 13th, 2021 in appeals, care homes, care orders, children, detention, human rights, jurisdiction, local government, news, Supreme Court by tracey

‘Martin Downs analyses the Supreme Court’s judgment on the use of the inherent jurisdiction to authorise the deprivation of liberty of children in alternative restrictive placements by a local authority in cases where an approved secure children’s home is unavailable.’

Full Story

Local Government Lawyer, 13th August 2021

Source: www.localgovernmentlawyer.co.uk

Cheshire care worker caught on camera sexually assaulting patient – BBC News

Posted August 13th, 2021 in abuse of position of trust, care homes, care workers, imprisonment, news, sentencing, sexual offences by tracey

‘A care worker who was caught by a hidden camera sexually assaulting a patient has been jailed.’

Full Story

BBC News, 12th August 2021

Source: www.bbc.co.uk

‘Systematic failings’ in England’s care system as boy restrained in hospital – The Guardian

Posted August 13th, 2021 in care homes, children, government departments, hospitals, judges, judgments, local government, mental health, news, police, restraint, social services by tracey

‘The “shameful” case of a violent 12-year-old boy who was detained in hospital by 15 police officers illustrates the “systemic failings” in England’s care system, according to the body representing all of England’s directors of children’s services.’

Full Story

The Guardian, 12th August 2021

Source: www.theguardian.com

Authorising unregistered care and deprivation of liberty — Martin Downs – UK Human Rights Blog

Posted August 6th, 2021 in appeals, care homes, care orders, children, detention, human rights, jurisdiction, news, Supreme Court by tracey

‘Legislatures in London and Cardiff have long ago established the most detailed safeguards and systems of registration to protect young people placed in children’s homes – most especially where that involves depriving them of their liberty. At the same time, the administrations in both capitals have presided over a situation whereby there is a significant shortage of such registered accommodation. This has tended to provoke expressions of outrage by the Judiciary. One of these problem cases has reached the Supreme Court (T (A Child), Re [2021] UKSC 35).’

Full Story

UK Human Rights Blog, 5th August 2021

Source: ukhumanrightsblog.com

Compulsory Vaccination for Care Home Workers – legislation coming into force in November – UK Human Rights Blog

Posted August 3rd, 2021 in care homes, care workers, coronavirus, news, regulations, vaccination by sally

‘The government has passed legislation compelling care homes to ensure almost all workers are vaccinated against Covid-19. It comes into force on 11 November 2021, and applies to England only.’

Full Story

UK Human Rights Blog, 3rd August 2021

Source: ukhumanrightsblog.com

Mandatory Covid-19 vaccinations in the health sector: the position across Europe – OUT-LAW.com

Posted July 30th, 2021 in care homes, chambers articles, coronavirus, employment, government departments, news, vaccination by sally

‘The UK government will require people working in care homes in England to have been vaccinated against Covid-19, subject to limited exemptions.’

Full Story

OUT-LAW.com, 28th July 2021

Source: www.pinsentmasons.com

The Reverse Burden of Proof in Health and Safety Prosecutions: As You Were – Henderson Chambers

Posted July 29th, 2021 in appeals, burden of proof, care homes, causing death of children or vulnerable adults, elderly, health & safety, news by sally

‘In R v (1) AH Ltd and (2) Mr SJ, the appellants sought leave from the Court of Appeal to challenge the reverse evidential and legal burdens of proof to establish the “reasonably practicable” defence pursuant to s40 HSWA1974. Although permission to appeal was ultimately refused, the reasoning behind the decision is important reading for health and safety practitioners in the context of increasingly vigorous prosecutions.’

Full Story

Henderson Chambers, 9th July 2021

Source: www.hendersonchambers.co.uk

‘Like hell’: what former Lambeth children’s home residents told abuse inquiry – The Guardian

Posted July 28th, 2021 in care homes, child abuse, children, inquiries, local government, news, sexual offences, victims by sally

‘The report into sexual abuse in London council’s children’s homes heard from many who experienced it.’

Full Story

The Guardian, 27th July 2021

Source: www.theguardian.com

Hundreds of children abused while in care of Lambeth council, inquiry finds – The Guardian

Posted July 28th, 2021 in care homes, child abuse, children, inquiries, local government, news, sexual offences, statistics by sally

‘Hundreds of vulnerable children in the care of Lambeth council in south London were subjected to horrendous cruelty and sexual abuse over several decades on a scale that was “hard to comprehend”, an independent inquiry report has found.’

Full Story

The Guardian, 27th July 2021

Source: www.theguardian.com

Covid jabs to become mandatory for care home staff in England – The Guardian

Posted June 16th, 2021 in care homes, coronavirus, equality, government departments, hospitals, human rights, news, vaccination by sally

‘Covid vaccinations are to become mandatory for care home staff under plans to be announced by ministers, as they consider extending the move to all NHS staff.’

Full Story

The Guardian, 15th June 2021

Source: www.theguardian.com

Court of Protection judge considers how supervisory bodies should evidence their scrutiny of requests for authorisation of deprivation of liberty – Local Government Lawyer

Posted June 10th, 2021 in care homes, Court of Protection, deprivation of liberty safeguards, elderly, news by sally

‘An error in someone’s name on a form did not invalidate a standard authorisation, the Court of Protection has decided.’

Full Story

Local Government Lawyer, 10th June 2021

Source: www.localgovernmentlawyer.co.uk

Government responds to inquiry into child sexual abuse in secure children’s homes – Family Law

Posted May 21st, 2021 in care homes, child abuse, children, government departments, inquiries, news, sexual offences by tracey

‘The government has responded to the Independent Inquiry into Child Sexual Abuse custodial institutions report about placement in secure children’s homes.’

Government response

Full Story

Family Law, 20th May 2021

Source: www.familylaw.co.uk

Sapphire House: ‘Anger’ over report into neglect death care home – BBC News

Posted April 21st, 2021 in care homes, causing death of children or vulnerable adults, coroners, inquests, negligence, news, whistleblowers by tracey

‘The mother of a man who died after suffering neglect said she felt “extreme distress and anger” at a critical new report into his care home.’

Full Story

BBC News, 21st April 2021

Source: www.bbc.co.uk

Mandatory vaccinations for care home workers – a slippery slope? – UK Human Rights Blog

Posted April 19th, 2021 in care homes, consultations, coronavirus, employment, government departments, human rights, news, vaccination by tracey

‘Or, as Andrew Neil put it on the Spectator TV News Channel this week, “A Dripping Roast For Lawyers”. To be fair, Neil was referring to the patchwork of mandatory vaccines across the United States. But with the publication yesterday of the Government’s consultation paper on vaccine requirements for all staff deployed in a care home supporting at least one older adult over the age of 65, the debate raging about “vaccine passports” has a real target in its sights. Not only because the government has found some primary legislation that gives it the power to introduce mandatory vaccinations, but also because the proposals are not limited to employees.’

Full Story

UK Human Rights Blog, 16th April 2021

Source: ukhumanrightsblog.com

Liability for abuse suffered by claimant place in private care home – Local Government Lawyer

Posted April 16th, 2021 in care homes, child abuse, children, damages, duty of care, employment, local government, news, sexual offences by tracey

‘Steven Ford QC analyses a ruling where, in the absence of fault, a local authority was not liable for sexual assaults committed by an employee of the private residential care home at which it placed the claimant. The relationship between the abusive employee and the placing authority was not akin to employment and the duty of care owed by the authority to the claimant was not non-delegable.’

Full Story

Local Government Lawyer, 16th April 2021

Source: www.localgovernmentlawyer.co.uk

Care home residents ‘barred’ from voting in local elections because of Covid rules – Daily Telegraph

Posted April 15th, 2021 in care homes, care workers, coronavirus, elections, news, regulations by sally

‘Care home residents are “effectively barred” from voting in person in the elections by guidance that requires them to self-isolate for 14 days after leaving the home, a care group has said.’

Full Story

Daily Telegraph, 14th April 2021

Source: www.telegraph.co.uk

UK Supreme Court: sale and leaseback did not trigger VAT clawback – OUT-LAW.com

Posted April 14th, 2021 in appeals, care homes, HM Revenue & Customs, news, Supreme Court, VAT by sally

‘The sale and leaseback of a newly constructed care home was not a disposal of the entire interest in the care home, so as to trigger a claw-back of the VAT zero-rating which had applied when the property was acquired from the developer, the UK’s Supreme Court has decided.’

Full Story

OUT-LAW.com, 13th April 2021

Source: www.pinsentmasons.com