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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.
Early release for seriously ill and elderly prisoners: should French practice be followed?
- Author:
- STEINER Eva
- Journal article citation:
- Probation Journal, 50(3), September 2003, pp.267-276.
- Publisher:
- Sage
In 2002 a formal system for dealing with the early release of prisoners on grounds of ill health was introduced in France. This article describes the principal features and background to this new system and examines the arguments at issue on this question, more particularly the human rights argument in light of the Strasbourg case law under article 3 of the European Convention on Human Rights. In a comparative perspective the article questions whether, given the prison situation in England and Wales, a similar reform should not also be considered in this jurisdiction.
Bill of no rights
- Author:
- COLLINS Jean
- Journal article citation:
- Community Care, 28.8.03, 2003, pp.32-33.
- Publisher:
- Reed Business Information
The author, director of Values into Action, critically evaluates the Mental Incapacity Bill. Argues that the Bill will take decision making even further away from those judged to lack capacity.
Preventive home visits to elderly people in Denmark
- Authors:
- HENDRIKSEN Carsten, VASS Mikkel
- Journal article citation:
- Generations Review, 13(3), July 2003, pp.14-17.
- Publisher:
- British Society of Gerontology
Describes the process of individual preventive home visits in primary care. Presents details of randomised controlled trials published about preventive home visits during the last 20 years and looks at the experience of home visits in Denmark.
In the spirit of competition
- Author:
- KING Chidi
- Journal article citation:
- Care and Health Magazine, 8.10.03, 2003, pp.8-9.
- Publisher:
- Care and Health
Looks at the legal recourse care home owners have in trying to negotiate increased fees for local authority residents.
Assessing anti-ageism routes to older re-engagement
- Author:
- DUNCAN Colin
- Journal article citation:
- Work Employment and Society, 17(1), March 2003, pp.101-120.
- Publisher:
- Sage
Assesses the value of UK anti-ageism policies as a means of tackling the exclusion of older workers. Looks at how these measures have arisen through the business case approach; equality routes; incorporating equal opportunities and diversity policies; and progress towards anti-age discrimination legislation. Argues that recent policy has been largely unsuccessful in tackling anti-ageim and that legislation will have to depart from the principles underlying voluntary approaches if it is to be successful.
Family studies in India (1995-2003): a classified bibliography
- Authors:
- MISRA Manasee, SRIRAM Sujata, BHARAT Shalina
- Journal article citation:
- Indian Journal of Social Work, 64(2), April 2003, pp.237-305.
- Publisher:
- Tata Institute of Social Sciences
This compilation, completed by the Unit for Family Studies, Tata Institute of Social Sciences, lists studies carried out on the Indian family from 1995 to June 2003. The bibliography is organised into 16 main themes.
Complexity of decision-making in a nursing home: the impact of advance directives on end-of-life care
- Authors:
- OSMAN Hana, BECKER Marion A.
- Journal article citation:
- Journal of Gerontological Social Work, 42(1), 2003, pp.27-39.
- Publisher:
- Taylor and Francis
- Place of publication:
- Philadelphia, USA
(Copies of this article are available from: Haworth Document Delivery Centre Haworth Press Inc., 10 Alice Street Binghamton, NY 13904-1580)
Old age and family law
- Author:
- ZENZ Gisela
- Journal article citation:
- Family Law, 33(5), May 2003, pp.340-344.
- Publisher:
- Jordan
The elderly, like all other adults, are subject to family law. Moreover, most of them have outgrown the typical conflict areas covered by family law - marriage, divorce and disputes over child custody. Other family conflicts can be avoided far better today than in former times because the aged no longer need to live with their families. However, there is one group of the elderly, in particular, for whom the task of reviewing and updating family law doctrines is possibly the most relevant, ie the growing number of very old people of 80 years old and over who often suffer from progressive physical and/or mental disabilities. They are extremely dependent on family (or 'familiar') relationships and helpless when abused or neglected - a situation in some ways comparable to that of small children.
Guardianship capacity evaluations of older adults: comparing current practice to legal standards in two States
- Authors:
- DUDLEY Kenneth C., GOINS R. Turner
- Journal article citation:
- Journal of Aging and Social Policy, 15(1), 2003, pp.97-115.
- Publisher:
- Routledge
- Place of publication:
- Philadelphia, USA
This American study examined the evaluations of capacity of alleged incapacitated persons (AIPs) between two states and compared the thoroughness of the evaluations to state law. These evaluations are frequently the only source of information on cognitive and psychiatric symptoms, functional abilities, and current treatments. One hundred nineteen evaluations of capacity were reviewed using the Guardianship Evaluation Review Instrument. Findings indicated that states differed on the AIP's age, presence at the court hearing, and description of current treatments. Overall, data suggested that evaluation thoroughness was substandard. In over 75% of cases, full guardianship was granted. Issues on terminology, concern regarding evaluators and courts, and ways for evaluators and the court to fulfill their responsibilities to older adults are discussed. (Copies of this article are available from: Haworth Document Delivery Centre Haworth Press Inc., 10 Alice Street Binghamton, NY 13904-1580)