In this ebriefing, we identify what we see as the key messages arising from recent prosecutions in the care and housing sectors.
An experienced Best Interests Assessor (BIA) has received a 12-month suspension order after plagiarising DoLS forms. The copying and pasting of information from one service users forms to another’s was determined to be “dishonest” by Social Work England after an investigation. It was decided that his conduct to practice was impaired on both public protection and public interest grounds.
Concerns were raised after identical pieces of information were noted in several of the forms the BIA had completed. It was later discovered that eight service users had identical information contained within their forms, not all of which was relevant to them and “the justification for the ultimate decision was copied in almost its entirety.” As a result, patients were put at risk of being unlawfully deprived of their liberty and exposed to a real risk of harm.
This serves as a reminder to BIA’s to;
- Avoid using “stock templates”
- Respect the privacy and dignity of service users
- Ensure accuracy and detail in the information provided for each Service User
- Check the information within the form before signing it
For more information
If you have concerns about your own or a family member’s detention in hospital, or about Mental Health Tribunals or Court of Protection welfare proceedings, please contact Rebekah Sambrooks or Kirsty MacMillan.
A recent High Court case on costs could prove essential reading for clients who have cases in the magistrates' courts.
The employment and pensions team offer practical advice on whistleblowing.
Partners, David Alcock and Sarah Patrice, have been involved in reviewing the new Code of Governance for community-led housing, published on 21 May 2021 by the Confederation for Coop Housing.
Following the eviction ban being lifted on 31 May 2021 and further to our previous ebriefing, the new notice of seeking possession forms are now available on the Government website as Word versions.
The European Court of Justice's standpoint on the Wiener Wohnen landowning developer case, and how the level of influence over the work did not amount to a decisive influence.
The Law Commission's Technical Issues in Charity Law report revealed that many charities struggle with a range of technical issue in the law.
The Law Commission recommended four key changes to the law in respect of mergers and the incorporation of charities which we have detailed in this ebriefing.
Over the last few weeks, we have published individual ebriefings on some of the key changes to be implemented following the Government’s response to the Law Commission’s report.
In April 2021, the Foreign Office halted funding for Oxfam following new allegations of sexual misconduct made against staff in the Democratic Republic of Congo.
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