Tag: Legal Issues


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 »


Competition body to examine care home market

Posted on December 3rd, by geoff in Caring Times, CT Extra. Comments Off on Competition body to examine care home market

The Competition and Markets Authority (CMA) has launched a market study into care homes for elderly people, to assess how well the market works, and whether people are being treated fairly.

CMA acting chief executive Andrea Coscelli said that, as well as looking at reports of potentially unfair practices and contract terms being used by some care homes, the study would also evaluate the effectiveness of competition between care homes in driving quality and value for money for residents and taxpayers, and would also consider how local authorities and other public bodies purchase and assign care home places, and how they encourage and shape local supply.

“We want to hear from care home providers about the services they offer and any challenges they face,” said Ms Coscelli.

Views are welcomed on any of the issues raised in the Statement of Scope – https://www.gov.uk/cma-cases/care-homes-market-studyRead More »


Amendment to DoLS law welcomed

Posted on November 25th, by geoff in Caring Times. Comments Off on Amendment to DoLS law welcomed

A proposed amendment to Deprivation of Liberty Safeguards (DoLS) legislation has been welcomed by care providers representative body Care England. Speaking at Care England’s annual conference in November, Baroness Finlay of Llandaff, chair of National Capacity Forum, said a change to the Policing and Crime Bill, initially proposed by Ann Coffey MP and supported by the Government, amends the meaning of state detention in Section 48 of the Coroners and Justice Act 2009.

Care England chief executive Professor Martin Green explained the significance of the proposed change.

“Deprivation of Liberty Safeguards are designed to keep people safe, but they have long been a bone of contention with the care home sector and families owing to the unintended consequence meaning if someone is subject to a DoLS, their death must be investigated,” said Prof. Green.

“This means that older people with dementia, whose deaths … Read More »


CQC guidance spells-out residents’ rights

Posted on November 8th, by geoff in Caring Times. Comments Off on CQC guidance spells-out residents’ rights

The Care Quality commission has published information for people living in care homes, their family and friends clarifying their visiting rights and the regulator’s expectations of providers who are responsible for ensuring people are supported to maintain relationships that are important to them.

CQC chief inspector of adult social care, Andrea Sutcliffe, said the regulator was aware of cases where relatives had experienced visiting restrictions, or their loved ones being forced to leave against their wishes, after raising concerns with those in charge of running care homes.

“In response to these concerns, and in partnership with partners, we have developed this focused information to help people feel better informed and make sure providers are very clear about their obligations,” said Ms Sutcliffe.

“Care homes are people’s homes. They, their family and friends should not live in fear of being penalised for raising concerns

“Good … Read More »


Bedrails – a risk-laden remedy

Posted on September 13th, by geoff in Caring Times. Comments Off on Bedrails – a risk-laden remedy

DAVID EDWARDS,associate solicitor and head of the healthcare and regulatory teams at Harrison Drury Solicitors looks at a recent case involving BUPA Care Homes.

01772 258321 david.edwards@harrison-drury.com

In May this, Bupa Care Homes (CFC Homes) Ltd were brought before Carlisle Magistrates Court by the Health and Safety Executive (HSE) in consequence of an incident involving bedrails in which a resident died at one the company’s care homes. Bupa was fined £400,000 with costs of £15,206.

The Court found that the company had failed to ensure that the resident’s bedrail assessment was suitable and sufficient, or that staff were adequately trained in bedrail risk assessments. They Court said reviews of bedrail assessment should have identified further measures to prevent the risk of falls, but staff who carried out the initial assessment and reviews were not adequately trained. It also found that measures identified to protect … Read More »


Welcome revisions to Law Commission’s DoLS proposals

Posted on September 1st, by geoff in Caring Times. Comments Off on Welcome revisions to Law Commission’s DoLS proposals

RadcliffesLeBrasseur partner JONNY LANDAU says there is much to be welcomed in the Law Commission’s amended proposals for changes to the law regarding mental capacity and deprivation of liberty.

020 7227 6704 jonny.landau@rlb-law.com

 

The Law Commission has published an interim statement about its proposals regarding mental capacity and deprivation of liberty. There is much to be welcomed.

The initially proposed supportive care scheme, which would have applied to people who lack capacity but are not being deprived of their liberty, has been abandoned. In the context of care homes, perhaps not many people would have been caught by the regime because those who lack capacity are also very often not free to leave, and so are deprived of their liberty under the Cheshire West test. However, requiring care homes to assess whether the person falls into one of two possible legal schemes … Read More »



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