Legal Update – Craig Ward
Consultations:
Equality and Human Rights Guidance
The Care Quality Commission seeks your views about guidance on service users and their inspection and assessing. The new guidance addresses issues of; tackling breaches, essential human rights standards and monitoring standards. The consultation on the guidance runs till the 12 November 2010. See www.cqc.org.uk/yourviews/consultations/equalityandhumanrightsguidance.cfm
Legislation Update:
Discrimination, Employment and Age
Currently, where someone believes they are being discriminated owing to their age, reliance is made upon the Employment Equality (Age) Regulations 2006. These provide protection against age discrimination in employment, adult training and education, unfortunately with some gaps. The Equality Act (EA) 2010 aims to tackle these.
Section 5 provides that age is a ‘…protected characteristic…’ and making reference to a such characteristics may amount to discrimination in certain circumstances. Although not yet substantially in force the Act would make it unlawful, where someone is treated less favourably owing to their:
- age;
- disability;
- gender reassignment;
- marriage and civil partnership;
- pregnancy and maternity;
- race;
- religion or belief;
- sex;
- sexual orientation.
Discrimination may arise through direct discrimination such as treating someone less favourably. Indirect discrimination perhaps from company policies, or being victimised or harassed following a complaint. Where such matters arise, there would be a duty to make reasonable adjustments under the EA 2010.
Legal News:
Self-Directed Support:
No one likes losing control, be it money, getting care or just their way of life. Recognising the importance of these issues, most local authorities are piloting schemes where individuals, needing social care receive a personal budget to spend on the care they need, as they choose. These pilots have been extended to March 2011.
There are some down sides to these ideas as some people in need of social care; may not be able to manage their own budgets, the types of available care may not meet their needs, or their decisions may be being influenced by unscrupulous family or friends.
To manage such issues, a number of fact sheets can be downloaded from www.in-control.org.uk/fact sheets. These outline tackling abuse issues and how to get further assistance.
Further information may be obtained form www.in-control.org.uk/home
Dementia Care Conference
On the 26 October 2010 in central London is the National Conference on improving dementia care. It aims to demonstrate new strategies for care of the elderly and their carers. Talks will be given by policy and practice managers. See http://www.dementia.dh.gov.uk/_library/Dementia_Conference.pdf for further details.
And Lastly…
Poor Laws Exposed
Victorians are famed for creating a generation of laws known as Poor Laws. Although there was nothing poor about the laws, they are often ignored and misunderstood. The laws themselves enabled many families to cope through some of the UK’s harshest history. The National Archives have put together more the 115,000 pages on the net containing information about Victorian life and the laws which governed them. They can be accessed at www.nationalarchives.gov.uk/documentsonline/workhouse.asp
Craig Ward
Solicitor – Craig Ward is Author of the book ‘Lasting Powers of Attorney: A Practical Guide’ (The Law Society)