Decision Date: 15 November 2023 What happened Mrs C lived with dementia. She was married to Mr C and had two sons, Mr B and Mr D, both of whom shared Lasting Power of Attorney for Health and Welfare. Mr C was not their father. Mrs C moved into The Gables care home in April […]
There are several offences which are aimed at protecting vulnerable adults. Section 108 Domestic Violence Crime and Victims Act 2004, ‘causing or allowing the death of a child or vulnerable adult’, • Section 127 MHA How will SOCPA 2005 impact on the criminal offences aimed specifically at the protection of vulnerable adults?1983, ‘ill-treatment or neglect by
This Act came into force on 1st January 2006 and now gives the police a power to arrest for any offence, however minor, where the requisite criteria are satisfied. Section 24 of the Police and Criminal Evidence Act 1984 (PACE) which governs powers of arrest for arrestable offences is replaced by new provisions, giving the
In the case of Smith v South Lanarkshire Council, the applicant for a remedy from an employment tribunal had made complaints of sex discrimination and breach of contract. According to her written contract of employment, her employers were the first and second respondents (ie the individual social services clients for whom she had acted as
When is a direct payment agreement a sham? Read More »
Here is a list which may be useful, covering health, housing, social services and education services: Ward protocols, particularly in mental hospitals Policies and procedures governing ascertainment of mental capacity to consent to treatment Protocols or assertive covert surveillance of suspected Munchausen’s or Munchausen’s by Proxy patients Risk management protocols which envisage refusing a person
What sort of documents need to be ‘audited’ for Human Rights Act purposes? Read More »
If a person has removed an incapacitated client from a residential or nursing home setting, especially if an authority has made the contract, rather than a private person, it amounts to an assertion that that person knows best, but in law, none of us can lawfully make definitive choices for others, just because they are
What is the procedure for the lawful discharge of the s32 Public Health Act process to remove a person from an infected house? Section 31 Public Health Act 1984 indicates that the occupier of a premises can be required to “cleanse and disinfect” the premises and to disinfect or destroy any unsanitary articles. If the
European Human Rights law has long shaped UK mental health legislation and regulations, because the UK has been a signatory country to the European Convention on Human Rights for many decades. That means that people in the UK have been able to raise arguments about UK laws breaching human rights and have the matter determined
Care managers and care providers can easily become involved in issues of sexuality. People with a learning disability can be interested in sexual contact with others or be disinhibited about their own sexuality regardless of their stage of mental development. People with a physical disability or injury may be physically frustrated by the difficulty of
Adult safeguarding – it’s not yet an absolute duty you can be sued for whenever someone is hurt… (….unless maybe, you didn’t know what you could have done, even in theory? That will be interesting….in legal terms, at least!) From the 1990’s onwards there was a growing recognition of the abuse of adults and the
What is the current guidance on Safeguarding Read More »