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Guidance on unfair terms in care home contracts: a guide for professional advisers
- Author:
- GREAT BRITAIN. Office of Fair Trading
- Publisher:
- Great Britain. Office of Fair Trading
- Publication year:
- 2003
- Pagination:
- 52p.
- Place of publication:
- London
The Office of Fair Trading (OFT) considers certain standard contract terms used in care home agreements to be potentially unfair under the Unfair Terms in Consumer Contracts Regulations 1999. This guide sets out these views and explains the basis on which enforcement action may be taken. It is confined to the standard contract terms used in care home agreements with self-funding consumers, and is based on a review of a sample of existing contracts. The guide starts by explaining the test of unfairness set out in the Regulations. It then sets out the main areas of concern in care home agreements, looking at: financial liabilities; legalistic terms; the core terms; mental capacity; and exclusions of liability. A range of types of unfair terms are analysed, and some examples of unfair and revised terms are provided. This guide is aimed at those working in consumer law enforcement, particularly trading standards officers and other professional advisers.
Mental capacity and deprivation of liberty: the Law Commission’s review of the deprivation of liberty safeguards
- Author:
- SPENCER-LANE Tim
- Journal article citation:
- Journal of Adult Protection, 19(4), 2017, pp.220-227.
- Publisher:
- Emerald
Purpose: The purpose of this paper is to provide a brief overview of the Law Commission’s final report and recommendations on the reform of the deprivation of liberty safeguards under the Mental Capacity Act. Design/methodology/approach: Summary Findings: The proposals contained in the Law Commision Review and proposals for law reform are outlined. (Publisher abstract)
The DoLs safety net
- Author:
- HENNIS Graham
- Journal article citation:
- Professional Social Work, September 2016, pp.26-27.
- Publisher:
- British Association of Social Workers
Deprivation of Liberty Safeguards (DoLs) have not been without critics since implementated in 2009 and are currently being reviewed by the Law Commission. The author, one of the first social workers in England to work with DoLs, explains why the legislation exists, how it works and calls for more resource to support this growing area of social work practice. (Publisher abstract)
Care professionals' understanding of the new criminal offences created by the Mental Capacity Act 2005
- Authors:
- MANTHORPE Jill, SAMSI Kritika
- Journal article citation:
- International Journal of Geriatric Psychiatry, 30(4), 2015, pp.384-392.
- Publisher:
- Wiley
Objectives: Implemented in 2007, the Mental Capacity Act (MCA) 2005 codified decision-making for adults unable to make decisions for themselves in England and Wales. Among other changes, two new offences of wilful neglect and ill-treatment were created under Section 44. This study explored how the MCA was being implemented in community-based dementia care, focusing on frontline practice. Method: Using qualitative longitudinal methodology, the authors interviewed 279 practitioners, in the London and South-East area of England, two or three times over 3 years. A framework analysis to identify and delineate recurrent themes was applied. Results: Views of the new offences were positive overall, but understanding ranged from partial to non-existent among some participants. Conclusions: Clinicians may be increasingly called upon to provide advice on whether an alleged victim or perpetrator lacks decision-making capacity in cases of suspected elder abuse. They need to be aware of the new criminal offences to ensure that people with dementia, among others, are not abused and that abusers are brought to account. (Edited publisher abstract)
Wilful neglect and health care
- Author:
- MANDELSTAM Michael
- Journal article citation:
- Journal of Adult Protection, 16(6), 2014, pp.342-354.
- Publisher:
- Emerald
Purpose: This paper considers the criminal offence of wilful neglect in the context of hospital health care in England. It summarise the evidence of neglectful care in hospitals and analyse the ingredients and application of the offence of wilful neglect. Findings: Neglect is ongoing and systemic in the hospitals and the offence of wilful neglect seems to be ineffective as either a punitive or deterrent measure. Practical implications: There is a mismatch between the extent of systemic, reckless neglect in the hospitals and the application of the criminal offence of wilful neglect. The answer, if any, might be: widening of the offence to anybody who is wilfully neglected (not just those mentally disordered or mentally incapacitated people), a new offence of corporate neglect, the holding of reckless leaders to account, and a reinvigorated Care Quality Commission and Health and Safety Executive. (Edited publisher abstract)
Elderly clients: a precedent manual
- Authors:
- LUSH Denzil: BIELANSKA Caroline, MARGRAVE Jennifer
- Publisher:
- Jordans
- Publication year:
- 2010
- Pagination:
- 657p.
- Place of publication:
- Bristol
- Edition:
- 3rd ed.
A manual providing legal precedents to assist solicitors and lawyers in tackling a range of issues affecting older people, including the problems of planning for possible incapacity in later life. It guide also sets out the legal framework and includes checklists to help advisors. Contents includes: capacity; sharing residential accommodation; gifts; care home contacts; powers of attorney; deputyship; living wills; funeral planning; wills; equity release; and carer and care worker services. This third edition has been updated to include implications of the Mental Capacity Act 2005, the Health and Social Care Act 2008. Contains an accompanying CD-ROM.
Age Concern's response to the Department of Health consultation on the Independent Mental Capacity Advocacy Service
- Author:
- AGE CONCERN
- Publisher:
- Age Concern
- Publication year:
- 2005
- Pagination:
- 13p.
- Place of publication:
- London
It is crucial that the Independent Mental Capacity Advocacy (IMCA) service is available for a wider range of people than the Act currently states. The purpose of the Independent Mental Capacity Advocate service will be to work in the interests of vulnerable people who lack capacity and who are facing important decisions about serious medical treatment and changes of residence, but have no-one else to represent and support them. It is critically important that the consultation process involves people for whom IMCA are intended, such as older people.
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)
Older people in law and society
- Author:
- HERRING Jonathan
- Publisher:
- Oxford University Press
- Publication year:
- 2009
- Pagination:
- 368p.
- Place of publication:
- Oxford
The author examines both the legal rights and responsibilities of older people. Although the focus is particularly on the legal issues surrounding old age it draws extensively on the gerentological, philosophical, sociological, and medical literature surrounding the subject. Among the key issues included are: ageing and law: ageism and age discrimination; mental capacity; care and older people; elder abuse; pensions and benefits for older people; grandparents; the health care of older people; and inheritance issues. The author examines the complex social and legal issues these topics can raise. He believes the British social and legal systems let older people down in many ways and makes proposals as to how these could be improved, and arguing that the devaluation of ageing and the social exclusion of older people not only impoverishes the lives of older people, but of society generally.