By PETER GROSE solicitor, Lester Aldridge www.lesteraldridge.com 01202 786135
Deprivation of liberty of service users who lack mental capacity to consent to care arrangements can be problematic for care providers and local authorities. In care homes and hospitals, managers must apply to the local authority for authorisation under the Deprivation of Liberty Safeguards. In supported living settings, local authorities must apply to the Court of Protection to authorise a deprivation of liberty in relation to care packages they arrange. However, it has been less clear whether local authorities are responsible for ensuring authorisation in relation to care packages they have not arranged, such as supported living settings or domiciliary care services that are entirely privately funded, e.g. through court awarded damages following a catastrophic accident.
The recent Court of Protection case of Staffordshire County Council v SKR (http://www.bailii.org/ew/cases/EWCOP/2016/27.html) has now provided some … Read More »
By Caring Times editor Geoff Hodgson
Social care providers are indebted to Health Ltd (SSP), a service provider operating GP practices in England, which won a judicial review in the High Court against the Care Quality Commission (CQC) in July. The case concerned the fairness of the CQC’s complaints procedure and this should ring a bell for social care providers.
I was taken aback by the tenor of the regulator’s response to Mrs Justice Andrews’ ruling that it was “unfair for the CQC to maintain their original finding without making appropriate enquiries”. In a press release – http://www.cqc.org.uk/content/judge-finds-rating-review-process-fair-factual-accuracy-improved – the CQC maintains that “Mrs Justice Andrews does not find that CQC’s rating review process is unfair, nor that it was applied unfairly in this case.”
This is somewhat at odds with the judge’s comment that: “ . . . procedural fairness required the … Read More »
A nursing home in County Antrim has been fined £15,000 for breaking the law by not looking after the sensitive personal details in its care.
An investigation by the Information Commissioner’s Office (ICO) found widespread systemic failings in data protection at Whitehead Nursing Home at the time of a data breach.
The breach came when a member of staff took an unencrypted work laptop home, which was stolen during a burglary overnight. The laptop contained sensitive personal details relating to 46 staff including reasons for sickness absence and information about disciplinary matters. It also held some details about 29 residents including their date of birth, mental and physical health and ‘do not resuscitate’ status.
Ken Macdonald, Head of ICO Regions, said the nursing home had put its employees and residents at risk by failing to follow basic procedures to properly manage and look … Read More »