Taking a case study of P, an elderly and
incapacitous care home resident who was deprived of her liberty, the panel of Polly Sweeney of Irwin Mitchell, Gabriel Beeby of Guildhall Chambers and Jess Flanagan of Clarke Willmott explored both jurisdictions» remit Continue reading →
Taking a case study of P, an elderly and incapacitous
care home resident who was deprived of her liberty, the panel of Polly Sweeney of Irwin Mitchell, Gabriel Beeby of Guildhall Chambers and Jess Flanagan of Clarke Willmott explored both jurisdictions» remit in the face of a refusal by a local authority to fund an expensive home care package.
Rev Morris presented the challenge after a new study found
elderly care home residents have as little as two minutes of social interaction per day.
Any differences
between care home residents whose placement was arranged under s 21 and private residences could not either justify or require a different approach to the application to the care home of the Convention.
Protection is currently provided to
care home residents by a variety of means, notably the comprehensive regulatory system created by the Care Standards Act 2000, which is complemented by the work of local authority social services departments.
The Court of Protection Rules have been amended to accommodate applications to that court under s 21A of MCA 2005 arising from the operation of the scheme, for example an application which disputes a finding by a «supervisory authority», such as a local authority, that
a care home resident is in fact deprived of his or her liberty within the meaning of Art 5 of the Convention.