Search results for ‘Subject term:"older people"’ Sort:
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The law and vulnerable elderly people
- Author:
- AGE CONCERN ENGLAND
- Publisher:
- Age Concern
- Publication year:
- 1986
- Pagination:
- 144p., list of organisations,
- Place of publication:
- Mitcham
The Protection of Vulnerable Groups (Scotland) bill: pre-consultation discussion paper on secondary legislation
- Author:
- SCOTLAND. Scottish Executive
- Publisher:
- Scotland. Scottish Executive
- Publication year:
- 2007
- Pagination:
- 39p.
- Place of publication:
- Edinburgh
The Protection of Vulnerable Groups (Scotland) bill sets out how the vetting and barring scheme will operate in general terms and secondary legislation will be used to provide the details of the scheme and ensure it operates effectively. This discussion paper has been produced in response to the Education Committee’s stage 1 report on the Protection of Vulnerable (Groups) bill. The preference to see draft regulations prior to the amending stage in the Bill would have led to a significant delay in progressing the primary legislation and securing the robust safeguards and protections which will flow from the new vetting and barring scheme. The discussion paper sets out the issues and policy options on the three substantive secondary legislation areas namely, retrospective checking, determination criteria, and fees. Full and comprehensive consultation will follow.
Wales’ safeguarding policy and practice: a critical analysis
- Author:
- PHILLIPS Carys
- Journal article citation:
- Journal of Adult Protection, 18(1), 2016, pp.14-27.
- Publisher:
- Emerald
Purpose: The safeguarding and protection components of the Social Services and Well-being (Wales) Act 2014 offers the culmination of four years consultation in England and Wales by the Law Commission and many years of evolving policy and practice with a view to protecting adults from harm. The purpose of this paper is to offer both scrutiny and challenge for Wales’ policy makers and practitioners alike. Design/methodology/approach: The paper is a critical analysis of both current responses and forthcoming changes. Findings: The paper proposes that Wales has failed to implement previous recommendations in relation to institutional abuse. Currently in Wales, there are individuals employed in safeguarding lead roles who have no social care qualification. This apparent “loophole” has not to date been highlighted to date by either of the regulatory bodies within Wales (CSSIW/CCfW). Research limitations/implications: The paper offers a viewpoint but leaves some questions unanswered. Practical implications: The Williams Review in April 2014 is set to change the local authority landscape in Wales. There is scope for developing the function of adult safeguarding. Social implications: Wales’ failure to recognize institutionalized abuse as a distinct category may have had impacted on its ability to respond to abuse in nursing and care as well hospital settings. (Edited publisher abstract)
Defining elder abuse
- Authors:
- BRAMMER Alison, BIGGS Simon
- Journal article citation:
- Journal of Social Welfare and Family Law, 20(3), 1998, pp.285-304.
- Publisher:
- Taylor and Francis
- Place of publication:
- Philadelphia, USA
The definition of elder abuse is at a formative stage in British social policy. This article examines four existing definitions of elder abuse from policy and socio-legal perspectives. The development of the definitions is reviewed as part of the process of problem formation within the context of the social construction of old age in British Social Policy. Central themes and terms contained in the definitions are analysed in detail from legal and policy standpoints. Finally, the definitions are compared to the Law Commission recommendations to form the basis of public law protection of vulnerable adults.
Protection of the elderly under the constitution
- Author:
- DU PLESSIS L.M.
- Journal article citation:
- Social Work Maatskaplike Werk, 32(1), 1996, pp.45-52.
Focuses on the plight of the exploited and thereby oppressed elderly, exploring new opportunities to address their dilemma. These opportunities have presented themselves with the birth of a new (albeit transitional) constitution. Argues that their proper exploration will require planning and well-strategised efforts from those who take the plight of the maltreated elderly to heart.
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)
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)
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)
Reflections on the serious case review of a female adult (JK)
- Author:
- SCOURFIELD Peter
- Journal article citation:
- Journal of Adult Protection, 12(4), November 2010, pp.16-30.
- Publisher:
- Emerald
This reflective paper follows from a reading of the executive summary of the Serious Case Review report into the death of JK (a 76-year-old female) in 2008 in Cornwall (Cornwall and Isles of Scilly Safeguarding Adults Board, 2009). It uses this case of a death associated with self-neglect to examine more closely the legal and ethical factors that practitioners must take into account when dealing with such cases. JK was found dead in her home in Nov 2008 by members of the Carrick Rapid Assessment Team. She had suffered from a range of health needs but was able to manage her own personal care and meals and relied on friends to undertake her shopping. However, she chose not to go outside her property and there were a number of reports regarding the poor state of hygiene in the house and the presence of dog faeces on the floor. This article considers whether someone who is judged to have capacity has the right to live in squalor and unsafe circumstances, whether their choice to refuse services is an acceptable choice, and what can and should practitioners do if they believe someone is making an unwise choice in such circumstances. The article provides a starting point for a discussion on the rights, risks and responsibilities in such cases. It also considers the legal powers that are available.
Dignity ward
- Author:
- A DIGNIFIED REVOLUTION
- Publisher:
- A Dignified Revolution
- Publication year:
- 2010
- Pagination:
- 4p.
- Place of publication:
- Cowbridge
Dignity Ward is a resource designed by A Dignified Revolution, a campaign group established in January 2008 to improve the care of older people in hospital. Patients can become vulnerable when they are admitted to hospital and their rights might be diminished by their situation. Dignity Ward is designed for nurses to increase their knowledge of the Human Rights Act and help them to think about how they can use it to help protect an individual’s human rights on the ward. It considers relevant human rights in hospitals and what constitutes a breach of human rights. Real life examples are used to encourage discussion about how practice might be used.