Search results for ‘Subject term:"older people"’ Sort:
Results 1 - 7 of 7
A youthful step
- Author:
- WILLIAMS John
- Journal article citation:
- Community Care, 29.7.04, 2004, pp.38-39.
- Publisher:
- Reed Business Information
Considers the proposal by the Welsh assembly for an older people's commissioner. Considers the arguments in favour of the initiative and some of the problems. Discusses the proposed remit and functions of the commissioner, and the role's relationship with other statutory bodies.
“Taking it on the chin”: older people, human rights and COVID-19
- Author:
- WILLIAMS John
- Journal article citation:
- Journal of Adult Protection, 23(2), 2021, pp.86-97.
- Publisher:
- Emerald
Purpose: The purpose of this article is to discuss the implications of government responses to COVID-19 for older people. Governments in England and in Wales faced complex decisions when responding to COVID-19. This paper considers the impact of their actions on the human rights of older people. It argues that there is a case to answer of potential breaches of the European Convention on Human Rights. Although it is too early to come to firm conclusions as more scientific and medical evidence is required, some actions by governments seem to be based on using age as a basis for decision-making. Human rights are complex, and it is important that claims of violations satisfy the Convention, the Human Rights Act 1998, the jurisprudence of the European Court of Human Rights and other international instruments. Design/methodology/approach: The paper considers the legal framework of the European Convention and its relevance to Corona Virus Disease (COVID-19) and older people. Case law, academic research, guidance and media coverage form the basis of the research. Findings: The governments have a strong case to answer. In defending their positions against allegations of discrimination against older people, they need to produce strong and convincing evidence including medical and scientific evidence that formed the basis of their decisions. Originality/value: This paper is based on original research into human rights, older people and COVID-19. (Edited publisher abstract)
Fifty - the new sixty? The health and social care of older prisoners
- Author:
- WILLIAMS John
- Journal article citation:
- Quality in Ageing and Older Adults, 11(3), September 2010, pp.16-24.
- Publisher:
- Emerald
The fastest growing sector of the prison population is older people. Although the numbers are still relatively small, at under 2,500 in 2007, it would seem that the ‘sameness’ principle within prisons renders older prisoners invisible. The health of older prisoners is a matter of concern - research indicates that you age 10 years faster in prison which can compound the problems that may be associated with ageing. The provision of health and social care do not match those for older people outside of the prison system. This article considers the legal issues surrounding the treatment of older prisoners. It recognises that restrictions on liberty are a component of the prison system; however, it questions whether the consequences of ‘sameness’ infringe the legal rights of older prisons. It recommends a statutory presumption of equivalence of care, which can only be rebutted expressly or by necessary implication.
Access to justice for victims/survivors of elder abuse: a qualitative study
- Authors:
- CLARKE Alan, WILLIAMS John, WYDALL Sarah
- Journal article citation:
- Social Policy and Society, 15(2), 2016, pp.207-220.
- Publisher:
- Cambridge University Press
Elder abuse can be conceptualised as a social problem, a crime problem and a human rights issue. This article presents the findings from an evaluation of the ‘Access to Justice’ Pilot Project for victims/survivors of elder abuse, which was launched in 2010 as part of the Welsh Government's six-year integrated strategy for tackling domestic abuse. It was designed to address the needs of older people in domestic settings and facilitate their access to criminal and civil justice options. Between April and July 2012, case study data were obtained for 131 individuals. A total of thirty-three interviews and a focus group were conducted with service providers, potential service users and practitioners drawn from relevant statutory and third sector groups. The article explores multi-agency responses to elder abuse and addresses the victim‒perpetrator dynamic. Reactive and proactive types of perpetrator behaviour are identified and interdependence is described as a feature of the victim‒perpetrator relationship. (Publisher abstract)
Social care and older prisoners
- Author:
- WILLIAMS John
- Journal article citation:
- Journal of Social Work, 13(5), 2013, pp.471-491.
- Publisher:
- Sage
Summary: This article reviews the evidence available on the treatment of older prisoners within England and Wales who are the fastest growing group within prisons. It concentrates on the lack of available social care facilities for older prisoners. Many older prisoners have special needs that are not met within prison, mainly because of the ‘sameness’ principle that is applied. Social care is as important to older prisoners as their health care. Although some social care may be available to older prisoners, it is not provided within the legal framework that applies to older people outside of prison. This article argues that the general legal obligation to provide social care (imperfect though it may be), should also be applied within the prison setting. Findings: Based on the evidence available, older prisoners are often unable to access social care services within prison. This is a breach of international obligations entered into by the United Kingdom. It may also breach the European Convention of Human Rights. The article argues that existing legislation does not prevent older prisoners from accessing social care services. The sameness principle discriminates against older prisoners. Mental health, physical disability, and incontinence are all areas where older prisoners lack access to services available to older people outside of prison. Applications: Considerable progress has been made in raising the profile of older prisoners. However, more needs to be done to embed the social care needs older prisoners may have into the prison system. The ordinary residence rule, the National Service Framework and the Fair Access to Care guidance must be adapted to meet the needs of serving prisoners as well as those preparing for release. Attitudes need to change. There needs to be a willingness to meet the international and domestic legal obligations towards older prisoners. (Publisher abstract)
Protection of older people in Wales: a guide to the law
- Author:
- WILLIAMS John
- Publisher:
- Older People's Commissioner for Wales
- Publication year:
- 2014
- Pagination:
- 70
- Place of publication:
- Cardiff
- Edition:
- 2nd ed.
This guide to the law seeks to clarify the legal framework around adult protection; its purpose is to help to make practitioners more aware of the law available to them in their day-to-day work. It focuses on older people, but is also relevant to those working with any adults at risk of harm. The guide examines a range of aspects associated with adult protection, including: human rights and risk of harm; capacity; deprivation of liberty; confidentiality and data protection; the criminal justice system; powers of entry and arrest; and the use of private law. Includes practice examples with a summary of some of the issues that arise in each of the studies. (Edited publisher abstract)
Protection of older people in Wales: a guide to the law
- Author:
- WILLIAMS John
- Publisher:
- Older People's Commissioner for Wales
- Publication year:
- 2019
- Pagination:
- 85
- Place of publication:
- Cardiff
- Edition:
- 3rd ed.
This guide aims to help professionals working across health and social care to safeguard and protect older people’s rights to be more aware of the law available to support them in safeguarding older people. The guide examines a range of aspects associated with adult protection, including: human rights and safeguarding; advocacy; consent and mental capacity; deprivation of liberty; confidentiality and data protection; adult safeguarding under the Social Services and Well-being (Wales) Act 2014; criminal justice; powers of entry and arrest; and domestic violence. It also includes case studies which provide examples of the ways that the law can be used and applied. (Edited publisher abstract)