Tag: Legal Issues


Care providers face unlimited fines as CQC increases prosecutions

Posted on August 21st, by geoff in CT Extra. Comments Off on Care providers face unlimited fines as CQC increases prosecutions

Caring Times, September 2017

The number of prosecutions made by the Care Quality Commission (CQC) against health providers has risen sharply this year following the enactment of the Health and Social Care Act in 2015.

Lauren Wilson, a lawyer with LHS Solicitors says care providers charged with breaches of regulations regarding harm now face unlimited fines and could be left with criminal records.

“Since the CQC was given powers of prosecution in 2015, we’ve seen a spike in cases brought against health providers,” said Ms Wilson.

“Indeed, we’ve gone from zero in 2015, to two in 2016, to three between January and April 2017. This seems to be a testament to the CQC’s new found dedication to holding health providers to account.”

In 2015 following a patient death, an investigation into the provision of medication was undertaken. While the cause of death was not directly … Read More »


£30m care homes bill is ‘national scandal’

Posted on August 4th, by geoff in Caring Times. Comments Off on £30m care homes bill is ‘national scandal’

Angry care home owners in Wales say they’re owed over £30m in unpaid fees because of a legal battle over who should pay a £20 a week fee for

nursing care provided by care homes.

After more than three years of wrangling, the Supreme Court has reached a decision on a dispute between Welsh health boards, councils and providers, with the court ruling unanimously in favour of the local authorities and saying the health boards had misinterpreted the legal position.

Provider representative body Care Forum Wales said it was ridiculous that the health boards could not have reached an agreement without going to court in the first place. They believe the court costs are upwards of £1m, money they say would have been better spent on providing frontline nursing care for vulnerable and frail care home residents.

Care Forum Wales chairman Mario Kreft said … Read More »


Government acts to reduce impact of new wage rules on sleep-ins

Posted on July 26th, by geoff in Caring Times. Comments Off on Government acts to reduce impact of new wage rules on sleep-ins

The Government has announced that it has temporarily suspended enforcement activity and is waiving historic financial penalties against employers concerning sleep-in shift pay in the social care sector.

Last week specialist care provider organisations said the sector was approaching a crunch over sleep-ins and called on government to clarify its position. Today, the Government has said it will waive historic financial penalties owed by employers who have underpaid their workers for overnight sleep-in shifts before 26 July 2017; and temporarily suspend HMRC enforcement activity concerning payment of sleep-in shifts by social care providers until 2nd October 2017.

Government reaffirmed its expectation that all employers pay their workers according to the law, including for sleep-in shifts, as set out in guidance entitled “Calculating the National Minimum Wage”.

The Government says it will continue to look at the issue alongside industry representatives to see whether … Read More »


Care providers call for clarity on sleep-in shifts and suspension of enforcement

Posted on July 19th, by geoff in Caring Times. Comments Off on Care providers call for clarity on sleep-in shifts and suspension of enforcement

Three care organisations – Learning Disability Voices, the Voluntary Organisations Disability Group and Care England – have supported calls from the charity Mencap to clarify rules on overnight care sector ‘sleep-in’ shifts.

These arrangements are delivered regularly for people with learning disabilities requiring round the clock care. Carers sleep through the night but are present on site to respond to emergency requests for care and support.

For years these shifts have been paid at a flat rate of £35-45, with workers receiving National Minimum Wage or National Living Wage, for the hours they spend providing care.

However government guidance on the NLW’s application to sleep-ins has recently changed, prompted by employment tribunals. The Court of Appeal will now consider the re-interpretation of the law next year.

This has left providers liable for up to six years of back payments, which is actively being pursued … Read More »


Care providers face unlimited fines as CQC increases prosecutions

Posted on June 30th, by geoff in Caring Times. Comments Off on Care providers face unlimited fines as CQC increases prosecutions

The number of prosecutions made by the Care Quality Commission (CQC) against health providers has risen sharply this year following the enactment of the Health and Social Care Act in 2015.

Lauren Wilson, a lawyer with LHS Solicitors says care providers charged with breaches of regulations regarding harm now face unlimited fines and could be left with criminal records.

“Since the CQC was given powers of prosecution in 2015, we’ve seen a spike in cases brought against health providers,” said Ms Wilson.

“Indeed, we’ve gone from zero in 2015, to two in 2016, to three between January and April 2017. This seems to be a testament to the CQC’s new found dedication to holding health providers to account.”

In 2015 following a patient death, an investigation into the provision of medication was undertaken. While the cause of death was not directly linked to not … Read More »


CMA’s interim report says some care homes may be breaking consumer law

Posted on June 15th, by geoff in Caring Times. Comments Off on CMA’s interim report says some care homes may be breaking consumer law

The Competition and Markets Authority (CMA) has published the initial findings of its care homes market study, and is investigating if some homes are breaking consumer law.

Launched in December last year, the market study has examined whether the residential care homes sector is working well for elderly people and their families. Having reached the halfway point of the study, the CMA has published emerging findings and announced that, as a result of information received during this work, it has opened a consumer protection case to investigate its concerns that some care homes may be breaking consumer law. This is focused on concerns about certain care homes charging families for extended periods after a resident has died, and homes charging large upfront fees.

The initial findings of the study highlight wider concerns about the sector, which will form the focus of the … Read More »


Care England launches judicial review of Essex fee rates

Posted on June 6th, by geoff in CT Extra. Comments Off on Care England launches judicial review of Essex fee rates

Caring Times, June 2017

Provider representative body Care England, in the face of opposition from Essex Council, is proceeding to judicial review of the fee rates Essex pays to independent care home providers.

The judicial review brought by Care England seeks to challenge the lawfulness of the Council’s fee setting decision in respect of the ‘old contract’ and its refusal to review the rates under the ‘new contract’. Care England believes the Council’s actions to date to be a breach of its responsibilities under the Care Act 2014.

Care England chief executive Professor Martin Green said the association was deeply concerned about the Council’s conduct towards the care home market within Essex and as a result, the sustainability of that market.

“This is an important challenge in support of providers in Essex and those new and existing residents receiving care,” said Prof. Green.


Changes to Deprivation of Liberty safeguards (DoLS)

Posted on April 28th, by geoff in CT Extra. Comments Off on Changes to Deprivation of Liberty safeguards (DoLS)

Caring Times, May 2017

Provider representative body Care England has welcomed the changes that coroners will no longer have a duty to undertake an inquest into the death of every person who was subject to an authorisation under the Deprivation of Liberty Safeguards (DoLS) under the Mental Capacity Act 2005.

Professor Martin Green, chief executive for Care England said: “Care England has worked hard to ensure that these changes take place. At present many older people with dementia, whose deaths are expected, are frequently subjected to investigations after death. Often police who are uniformed attend care homes under their legal duties and begin questioning staff and relatives as though a crime has been committed.

“This is extremely distressing for families, care home staff and fellow residents. Investigations into deaths under DoLS take needless time which prevents families from being able to mourn and … Read More »


Care England launches judicial review

Posted on April 20th, by geoff in Caring Times. Comments Off on Care England launches judicial review

Provider representative body Care England, in the face of opposition from Essex Council, is proceeding to judicial review of the fee rates Essex pays to independent care home providers.

The judicial review brought by Care England seeks to challenge the lawfulness of the Council’s fee setting decision in respect of the ‘old contract’ and its refusal to review the rates under the ‘new contract’.

Care England believes the Council’s actions to date to be a breach of its responsibilities under the Care Act 2014.

Care England chief executive Professor Martin Green said the association was deeply concerned about the Council’s conduct towards the care home market within Essex and as a result, the sustainability of that market.

“This is an important challenge in support of providers in Essex and those new and existing residents receiving care,” said Prof. Green.


Doubts raised about online Power of Attorneys

Posted on January 12th, by geoff in Caring Times, CT Extra. Comments Off on Doubts raised about online Power of Attorneys

Caring Times, January 2017

Organisations representing and providing services for older and vulnerable people have jointly raised concerns around the Government’s online tool for creating Lasting Powers of Attorney (LPAs).

An LPA is a powerful legal document which allows a person to appoint trusted individuals to make important decisions about care and finances on their behalf, in the event of a loss of mental capacity through an accident or illness such as dementia.

In May 2014, the Government’s Office of the Public Guardian (OPG) launched its online LPA tool, which it claims allows people to create the documents without the need for professional advice from a solicitor.

But a new report, published by a coalition of organisations led by Solicitors for the Elderly (SFE), warns that anyone creating an LPA without taking specialist legal advice faces a significantly higher risk of being left with … Read More »



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