Archive for the 'care homes' Category

Care home residents denied legal aid – by typing error – The Independent

“A solicitor who has battled for years on behalf of disabled and elderly residents of care homes has been told she will get no legal aid work in the coming year – because of a typing error.”

Full story

The Independent, 31st January 2011

Source: www.independent.co.uk

Birmingham Bupa home fined over strangled woman – BBC News

“A Birmingham care home has been fined £150,000 after one of its residents was accidentally strangled by the seatbelt of her wheelchair.”

Full story

BBC News, 19th January 2011

Source: www.bbc.co.uk

Pembrokeshire care homes fees row in judicial review – BBC News

“The money Pembrokeshire council pays care homes to look after residents will be challenged in the High Court later.”

Full story

BBC News, 14th December 2010

Source: www.bbc.co.uk

Legal fights to keep home care for Alzheimer’s woman – BBC News

“A Cornwall woman’s family is challenging a ruling by the NHS to send her to a nursing home or get agency carers because she has Alzheimer’s.”

Full story

BBC News, 21st September 2010

Source: www.bbc.co.uk

Mesothelioma: Hospice wins landmark victory in asbestos cancer case – The Guardian

“Hospices that care for victims of a form of cancer caused by asbestos exposure hope to get help with treatment costs following a landmark court ruling.”

Full story

The Guardian, 29th August 2010

Source: www.guardian.co.uk

Hampshire nursing home illegal immigrants deported – BBC News

“Nine illegal immigrants arrested during a police and UK border raid at a care home in Hampshire have been deported.”

Full story

BBC News, 20th August 2010

Source: www.bbc.co.uk

Drake and another v Foster Wheeler Ltd – WLR Daily

Drake and another v Foster Wheeler Ltd [2010] EWHC 2004 (QB); [2010] WLR (D) 232

“Claims for hospice care were rare and were directly analogous to recoverable claims made by claimants from tortfeasor defendants for the recovery of compensation on behalf of relatives who had provided gratuitous care to the claimant in order to alleviate the consequences of tortiously inflicted injuries.”

WLR Daily, 19th August 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

NHS Somerset to hold inquiry into killer care home boss – BBC News

“An NHS inquiry is to be held into how a former care home manager in Somerset was able to siphon off prescription drugs from the elderly people she nursed, the BBC can reveal.”

Full story

BBC News, 23rd July 2010

Source: www.bbc.co.uk

Compensation for girls abused by children in care – The Independent

“A council apologised today and admitted paying £12,000 in compensation to two girls who were sexually abused by two children in care.”

Full story

The Independent, 21st July 2010

Source: www.independent.co.uk

Care home boss Rachel Baker jailed for killing resident – BBC News

“A former care home manager who stole drugs from residents to feed her own addiction has been jailed for 10 years for killing an elderly woman.”

Full story

BBC News, 21st May 2010

Source: www.bbc.co.uk

Victims of sex abuse in Catholic children’s homes set to win damages – The Observer

“One of the longest-running legal cases in UK history, centred on systemic sexual abuse at children’s homes in the north-west of England, is poised to end after a judge found in favour of two men who claimed they had been sexually assaulted while in care.”

Full story

The Observer, 9th May 2010

Source: www.guardian.co.uk

Care home boss Rachel Baker guilty of manslaughter – BBC News

“A former manager of a Somerset care home has been found guilty of the manslaughter of one its residents.”

Full story

BBC News, 9th April 2010

Source: www.bbc.co.uk

Care home boss Rachel Baker cleared of murdering residents – The Independent

“Former care home manager Rachel Baker was today found not guilty of murdering two of her elderly residents. Baker, 44, was accused of murdering Frances Hay and Lucy Cox at Parkfields Residential Care Home in Butleigh, Somerset. She was cleared of the murder charges and an attempted murder charge involving Mrs Hay by a jury at Bristol Crown Court today.”

Full story

The Independent, 8th April 2010

Source: www.independent.co.uk

Jury still out in care home deaths trial – The Independent

“A jury will resume its deliberations today in the trial of a former care home manager accused of murdering two elderly residents.”

Full story

The Independent, 7th April 2010

Source: www.independent.co.uk

Council launches legal bid to abolish sheltered housing wardens – Daily Telegraph

“Council officials are attempting to force through plans to abolish round-the-clock wardens in housing for vulnerable elderly people despite the worst winter in decades.”

Full story

Daily Telegraph, 13th January 2010

Source: www.telegraph.co.uk

Care home resident aged 106 loses closure fight – The Guardian

“A battle by one of Britain’s oldest women to stop the closure of her council-run care home failed at the court of appeal today.”

Full story

The Guardian, 7th October 2009

Source: www.guardian.co.uk

Son of 106-year-old woman fighting eviction to take fight to Europe – Daily Telegraph

“The son of a 106-year-old woman threatened with eviction from her care home as part of local council cost cutting has pledged to take her fight to the European Court of Human Rights.”

Full story

Daily Telegraph, 28th September 2009

Source: www.telegraph.co.uk

Victory for lawyer who protected the elderly – The Independent

“Yvonne Hossack has dedicated her life to helping the elderly and disabled. She saved 80 care homes from closure. Yesterday, after a witch hunt by council leaders, she was allowed to continue with her crusade.”

Full story

The Independent, 19th September 2009

Source: www.independent.co.uk

Solicitor abused position to campaign against cutbacks – Daily Telegraph

“A solicitor who made her name helping people fight against closures of care homes abused her position by encouraging clients to protest against cut services, a tribunal has heard.”

Full story

Daily Telegraph, 14th September 2009

Source: www.telegraph.co.uk

Campaigning care lawyer could be struck off by tribunal – The Guardian

“A campaigning lawyer who for thousands of people represents the last hope of stopping closures of care homes and cuts in care services faces disciplinary action that could see her suspended from practice or struck off.”

Full story

The Guardian, 13th September 2009

Source: www.guardian.co.uk

Solicitor claims council guilty of Dunkirk veteran’s manslaughter – Daily Telegraph

“A solicitor is prosecuting a council for the alleged manslaughter of a Dunkirk veteran, who died two weeks after being told his care home was to be closed.”

Full story

Daily Telegraph, 1st September 2009

Source: www.telegraph.co.uk

Food warning follows prosecution – BBC News

“Trading standards officers are warning of the effects of out-of-date food on vulnerable people. Torfaen council’s comments follow its prosecution of the owners of the Regency House private nursing home at Parkes Lane, Pontypool.”

Full story

BBC News, 15th July 2009

Source: www.bbc.co.uk

Somerset care home manager charged with murdering three residents – The Times

“A registered nurse has been charged with murdering three elderly residents in the Somerset care home that she ran with her husband for ten years.”

Full story

The Times, 29th January 2009

Source: www.timesonline.co.uk

Thousands of care homes face £50,00 fine over failure to reach basic standard – The Times

“One in five residential care homes in England flouts national minimum standards and could face fines of up to £50,000 when a new regulator takes over this year, the industry has been warned.”

Full story

The Times, 28th January 2009

Source: www.timesonline.co.uk

Council is fined over bath death – BBC News

“The death of a 50-year-old disabled man who drowned in a bath in council-run accommodation was preventable, health and safety officials have said.”

Full story

BBC News, 23rd January 2009

Source: www.bbc.co.uk

Jain and another v Trent Strategic Health Authority – WLR Daily

Jain and another v Trent Strategic Health Authority [2009] UKHL 4; [2009] WLR (D) 14

There was no duty of care in negligence owed by a regulatory authority to the owners of a nursing home against whom the authority had made an ex parte application without notice to the magistrate for cancellation of registration of the nursing home pursuant to s 30 of the Registered Homes Act 1984 (now replaced by s 20 of the Care Standards Act 2000).”

WLR Daily, 22nd January 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Jain and Another v Trent Strategic Health Authority – Times Law Reports

Jain and Another v Trent Strategic Health Authority

House of Lords

“Although there was no duty of care in negligence owed by a regulatory authority to the owners of a nursing home, the procedure by the authority had registration of the nursing home cancelled, appeared to be in breach of the owners’ rights under the European Convention on Human Rights.”

The Times, 22nd January 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Home fined over resident’s death – BBC News

“The owners of an Oxford care home have been fined £80,000 following the death of an 82-year-old woman with dementia.”

Full story

BBC News, 9th January 2009

Source: www.bbc.co.uk

Council criticised over care saga – BBC News

“A council has been heavily criticised by a watchdog for its treatment of a man with learning difficulties.”

Full story

BBC News, 12th November 2008

Source: www.bbc.co.uk

Elderly in private care homes win better rights – Daily Telegraph

“Pensioners and their families will benefit from a new complaints system and tougher inspections for their homes.”

Full story

Daily Telegraph, 10th October 2008

Source: www.telegraph.co.uk

Woman, 101, loses care home fight – BBC News

“A 101-year-old woman has lost her fight to stay at a Teesside care home where she is the sole resident.”

Full story

BBC News, 8th October 2008

Source: www.bbc.co.uk

101-year-old to appeal care home decision – Daily Telegraph

“A 101-year-old woman, the sole remaining resident in an old people’s home due for closure, will ask permission to appeal against a judge’s ruling that she had to move.”

Full story

Daily Telegraph, 7th October 2008

Source: www.telegraph.co.uk

Family forced to sell home to pay care home fees awarded £100,000 – Daily Telegraph

“A family who were forced to sell their father’s home to pay for his care home fees have been awarded £100,000 in compensation.”

Full story

Daily Telegraph, 19th September 2008

Source: www.telegraph.co.uk

Authority failed to stop abuse at sheltered home – The Guardian

“A local authority was found guilty of maladministration yesterday for failing to stop persistent abuse of people at a sheltered housing scheme that was ‘run like Colditz’.”

Full story

The Guardian, 8th August 2008

Source: www.guardian.co.uk

Nursing home killer gets 24 years – BBC News

“A man who admitted murdering two women in a Leicester nursing home has been sentenced to life in prison and told he will serve a minimum of over 24 years.”

Full story

BBC News, 31st July 2008

Source: www.bbc.co.uk

Trust fined over man’s bath death – BBC News

“A mental health trust has been fined £25,000 after the death of an elderly man who was scalded in a bath filled with 95C water at a respite home.”

Full story

BBC News, 30th June 2008

Source: www.bbc.co.uk

Nurses sentenced over fit death – BBC News

“Two nurses who failed to help a woman during a fit lasting over two hours have received suspended jail terms.”

Full story

BBC News, 22nd May 2008

Source: www.bbc.co.uk

Called into battle – The Guardian

“Yvonne Hossack has become a hate figure for the establishment, but the fearless solicitor risking bankruptcy to challenge cuts and closure of care services tells David Brindle how she is driven on by ‘a more ancient set of laws’.”

Full story

The Guardian, 21st May 2008

Source: www.guardian.co.uk

Law changed to protect elderly people paying for own care – The Guardian

“The government will extend the Human Rights Act to protect up to 300,000 people who have been placed by local authorities in privately-run residential and nursing homes, the Guardian can reveal.”

Full story

The Guardian, 27th March 2008

Source: www.guardian.co.uk

Welsh Ministers v Care Standards Tribunal and Another – Times Law Reports

Welsh Ministers v Care Standards Tribunal and Another

Queen’s Bench Division

“Although an individual’s registration as manager of a care home had to be related to a specific establishment or agency, it was not necessarily the case that appeals to the Care Standards Tribunal, where the premises had ceased to be available, should be struck out.”

The Times, 29th February 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Woman, 94, died from neglect – The Times

“A frail 94-year-old pensioner who looked ‘like a concentration camp victim’ just weeks after being taken into a care home died of neglect, an investigation has ruled.”

Full story

The Times, 15th February 2008

Source: www.timesonline.co.uk

Welsh Ministers v Care Standards Tribunal and another – WLR Daily

 Welsh Ministers v Care Standards Tribunal and another [2008] WLR (D) 8

The registration of an individual as a manager under Part II of the Care Standards Act 2000 had to relate to a specific establishment or agency. It was not necessarily the case however that all appeals to the Care Standards Tribunal concerning applications for registration as a manager where the premises in question had ceased to be available to the applicant should be struck out as being misconceived or having no reasonable prospect of success.”

WLR Daily, 25th January 2008

Source: www.lawreports.co.uk

Please note: once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed. 

Get tough drive to improve care homes for elderly that fail to offer quality service – The Guardian

“The government will today tell local authorities to use their purchasing power to drive out of business any care home proprietor who fails to provide older people with a quality service, delivered with dignity and respect.”

Full story

The Guardian, 4th December 2007

Source: www.guardian.co.uk

Jain and Another v Trent Strategic Health Authority – Times Law Reports

Jain and Another v Trent Strategic Health Authority

Court of Appeal

“The risk of harm to the residents of registered homes outweighed the economic interests of the registered home proprietor.”

The Times, 30th November 2007

Source: www.timesonline.co.uk

Please note: the Times Law Reports are only available free on Times Online for 21 days from the date of publication

Jain and Another v Trent Strategic Health Authority – WLR Daily

Jain and Another v. Trent Strategic Health Authority

The registration authority, in applying to a magistrate for an order for the cancellation of the registration of a nursing home under s 30 of the Registered Homes Act 1984, owed no duty of care at common law to the proprietor.”

WLR Daily, 23rd November 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


 

Dementia widow wins fight to recover nursing home costs – The Times

“A dementia sufferer has won a landmark High Court battle to force the NHS to pay her nursing home fees.”

Full story

The Times, 22nd November 2007

Source: www.timesonline.co.uk

Care home owners to fight Human Rights Act – Daily Telegraph

“Care home owners are expected to defend their right to evict residents and maintain profits.”

Full story

Daily Telegraph, 29th October 2007

Source: www.telegraph.co.uk

Means testing for elderly to be ended – The Independent

“Means testing that has forced thousands of elderly people to sell their family homes to pay for their care in old age could be ended with a forthcoming Government Green Paper.”

Full story

The Independent, 11th October 2007

Source: www.independent.co.uk

A catalogue of abuse: report demands law to protect elderly in hospitals and care homes – The Guardian

“Vulnerable elderly people are being subjected to neglect, abuse, discrimination and ill-treatment in the hospitals and care homes that should be looking after them, according to a report published today by a parliamentary committee.”

Full story

The Guardian, 15th August 2007

Source: www.guardian.co.uk

Law Lords leave elderly out in cold – The Observer

“A ruling leaves elderly and vulnerable people in private care homes with no protection from eviction or ill-treatment, writes Jon Robins.”

Full story

The Observer, 24th June 2007

Source: www.guardian.co.uk

YL v. Birmingham City Council – WLR Daily

YL v. Birmingham City Council [2007] UKHL 27 

“A private care home providing care and accommodation for an elderly person under contract with a local authority was not exercising ‘functions of a public nature’ within s 6(3)(b) of the Human Rights Act 1998 so as to allow that person to claim against the home under s 6(1) of the Act for breach of her Convention rights when it was sought to remove her from the home.”

WLR Daily, 20th June 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

YL v. Birmingham City Council and Others – Times Law Reports

Exercise of delegated council duty is a private function

YL v. Birmingham City Council and Others

House of Lords

“Where a private care home, under contract with a local authority, provided care and accommodation for an elderly person which the authority had been under a statutory duty to arrange, the care home was not exercising functions of a public nature so as to allow her to claim a breach of duty under the European Convention on Human Rights.”

The Times, 21st June 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Rights blow to elderly in private care – The Times

“Thousands of people who use hospital or school services contracted out by local authorities are without the protection of human rights laws, after a landmark ruling yesterday.”

Full story

The Times, 21st June 2007

Source: www.timesonline.co.uk

Private care homes not covered by human rights law – The Times

“Private care homes that look after elderly and vulnerable people on behalf of local authorities are not covered by human rights laws, the House of Lords ruled today.”

Full story

The Times, 20th June 2007

Source: www.timesonline.co.uk

Ruling on care home residents due – BBC News

“Law Lords are due to rule on whether the Human Rights Act applies to private care homes in England and Wales if residents are council funded.”

Full story

BBC News, 20th June 2007

Source: www.bbc.co.uk


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