Legal Update
The Court of Protection, a secret Court?
Daily Mail (25 October 2009) suggests, “ A secret court is seizing the assets of thousands of elderly and mentally impaired people…”. And, “…draconian measures are being imposed by the little-known Court of Protection, set up two years ago to act in the interests of people suffering from Alzheimer’s or other mental incapacity.”
Official management of care and finances has existed for several hundred of years. The Court of Protection (CoP) as part of this provides; where no legal provision exists allowing decision making for the mental incapacitated. Many people choose to make Lasting Powers of Attorney (LPA), appointing someone to make their financial and treatment decisions. If an LPA is not made, the CoP acts as the default manager.
However these criticisms may be perceived, LPA’s and the CoP aim to protect vulnerable adults. In choosing to make an LPA, we can choose who should make decisions for us. Hopefully now, more people will be more aware of their choices.
Swine Flu Vaccinations
For most, swine flu is a mild respiratory condition, with symptoms including; tiredness, coughs and sore throat. A vaccine is being offered initially to priority groups. Adults and children over six months with long term health conditions, pregnant women, and people living with someone with a compromised immune system. However, the vaccine might not be suitable for everyone, particularly following severe allergic reactions to vaccines. If concerned contact your GP or practice nurses for further information.
Social Work Concerns
Rosie Varley, of the General Social Care Council says, “Every single day tens of thousands of social workers work tirelessly for people, who use services, helping to transform lives. We must take action against the few who fail to meet the high standards expected of them so that the public can continue to have confidence in the profession.” This was following a case concerning Mr Paul Collett (45) from Southampton, a self employed Social Worker recently admonished for misconduct.
Identity Cards Act 2006
Information from individual register entries, may from the 20th October be provided without consent to certain public authorities. The requester would need to show this was for the prevention and detection of crime. Requests must be authorised by senior personnel. Requests may also be made to correct inaccurate or incomplete information.
Family cases and Split Hearings
In re L (a child), the mother appealed against a refusal allowing an expert to make an assessment, of her capabilities to safely care for her child. The judge said, the original care proceedings should have decided; if section 31 Childrens Act 1989 criteria were met, then to consider parental assessments. The original judge refusing to allow an assessment of the mothers caring capabilities misunderstood the split-hearing process. Care must be exercised in deciding if a split-hearing was necessary, and to identify correctly the issues.
Work Place Mediations
Changes to employment legislation have led to an increase demand for workplace mediations. These aim to save time and valuable business resources by dealing with internal disruptions. Most mediations can effectively resolve underlying company issues, enabling business to function at a higher rate, with less staff stress and time off. Mediators should be suitably qualified from a recognised professional body.