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

‘Thrown to the wolves’: Covid care home ruling is bitter victory for relatives – The Guardian

Posted April 28th, 2022 in care homes, coronavirus, elderly, hospitals, news by sally

‘This time of year brings bad memories for families of care home residents who died in Covid’s first wave when the virus swept, mostly unchecked, through nursing homes.’

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The Guardian, 27th April 2022

Source: www.theguardian.com

Fraudster who stole antiques from elderly jailed – The Independent

Posted April 1st, 2022 in Crown Prosecution Service, elderly, fraud, imprisonment, news, sentencing, victims by sally

‘A conman who posed as an antiques dealer from a Chelsea auction house to dupe elderly and vulnerable victims out of hundreds of thousands of pounds has been jailed for five-and-a-half years.’

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The Independent, 31st March 2022

Source: www.independent.co.uk

Brady Hickman jailed for rape of woman, 71, in her own home – BBC News

Posted March 24th, 2022 in elderly, news, rape, sentencing by sally

‘A man who raped a 71-year-old woman in her own home has been given a 15-year sentence.’

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BBC News, 23rd March 2022

Source: www.bbc.co.uk

Companies fined for marketing calls targeting elderly – BBC News

Posted March 16th, 2022 in consumer protection, elderly, fines, insurance, news, ombudsmen, telecommunications by tracey

‘Five companies who made thousands of unwanted marketing calls to “older, vulnerable people” must pay fines totalling £405,000.’

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BBC News, 16th March 2022

Source: www.bbc.co.uk

Recent case highlights need for law reform in forced/predatory marriage – Family Law

Posted January 24th, 2022 in elderly, families, family courts, forced marriages, marriage, mental health, news by tracey

‘Predatory or forced marriages faced by individuals (usually elderly) whose mental capacity is in doubt or who are vulnerable to undue influence remain an open wound for many families.’

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Family Law, 12th January 2022

Source: www.familylaw.co.uk

Does the law on predatory marriage need to change? – Family Law

Posted January 10th, 2022 in consent, elderly, fraud, intestacy, marriage, news, wills by tracey

‘In recent years there have been calls for a change in the law to protect vulnerable adults from falling victim to what has become known as “predatory marriage”. This is due to a rise in cases where fraudsters have married vulnerable and often elderly individuals, without the knowledge of their loved ones, and are then able to access the new spouse’s lifetime savings and inherit their entire estate under the intestacy rules, as marriage automatically revokes any previous Will a person may have made.’

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Family Law, 7th January 2022

Source: www.familylaw.co.uk

US woman who has lived in UK for 53 years wins deportation appeal – The Guardian

Posted November 18th, 2021 in appeals, deportation, drug offences, elderly, news by tracey

‘A 75-year-old American woman who uses a Zimmer frame and is unable to digest solid food has won her appeal to remain in the UK after living here for 53 years.’

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The Guardian, 17th November 2021

Source: www.theguardian.com

‘Inadequate’ Blackburn care home put into special measures – The Guardian

Posted October 19th, 2021 in care homes, elderly, news, standards by tracey

‘Inspectors who visited Longfield residential home found dementia patients living in “undignified” and dirty conditions.’

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The Guardian, 19th October 2021

Source: www.theguardian.com

Aster Healthcare fined £1m over woman’s scalding bath death – BBC News

Posted October 8th, 2021 in care homes, corporate manslaughter, elderly, fines, news, suspended sentences by tracey

‘A care home firm has been fined more than £1m for corporate manslaughter after the death of a dementia patient who was put in a scalding bath.’

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BBC News, 8th October 2021

Source: www.bbc.co.uk

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

‘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.’

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Henderson Chambers, 9th July 2021

Source: www.hendersonchambers.co.uk

Former trader jailed for defrauding pensioners – BBC News

Posted July 15th, 2021 in abuse of position of trust, elderly, fraud, news, sentencing by tracey

‘A former stockbroker has been jailed for defrauding two pensioners out of nearly £34,000.’

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BBC News, 15th July 2021

Source: www.bbc.co.uk

Man jailed for karate kicking fisherman, 74, into River Mersey – BBC News

Posted June 11th, 2021 in assault, elderly, imprisonment, news, sentencing, young offenders by tracey

‘A man who karate kicked a 74-year-old fisherman into the River Mersey has been jailed for 10 weeks.’

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BBC News, 10th June 2021

Source: www.bbc.co.uk

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

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

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Local Government Lawyer, 10th June 2021

Source: www.localgovernmentlawyer.co.uk

Senior judge declines to order Covid vaccination of 86-year-old woman – Local Government Lawyer

Posted May 20th, 2021 in consent, coronavirus, disabled persons, elderly, news, vaccination by tracey

‘The Court of Protection has ruled that an 86-year-old woman with dementia should not be either forcibly given a Covid vaccine or deceived into accepting a jab.’

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Local Government Lawyer, 20th May 2021

Source: www.localgovernmentlawyer.co.uk

Capacity and best interests in relation to Covid-19 Vaccination – Garden Court Chambers

‘Mrs E was aged 80 and lived in a care home. She had diagnoses of dementia and schizophrenia.’

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Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

Would receipt of a Covid-19 vaccine be in a mentally incapacitated person’s best interests when other treatments are proposed by a family member? – Garden Court Chambers

‘V is in her early 70s and resides in a care home. She has Korsakoff’s syndrome. SD, V’s daughter, sought a declaration that it would not be in V’s best interests to administer a Covid-19 vaccine to V. The local authority argued it was in V’s best interests to receive the vaccine.’

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Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

Capacity and best interests in relation to Covid-19 Vaccination – Garden Court Chambers

‘Mrs E was aged 80 and lived in a care home. She had diagnoses of dementia and schizophrenia.’

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Garden Court Chambers, 22nd February 2021

Source: www.gardencourtchambers.co.uk

Court of Protection Newsletter – Spire Barristers

‘Welcome to the latest issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

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Spire Barristers, 10th February 2021

Source: spirebarristers.co.uk