Craig Ward Legal Update
Consultation – Access to Elected Office for Disabled People
Just why someone chooses to stand for public office is perhaps mystifying! However, to support and further develop this realisation the Government seeks your views as to what extra support a disabled person may need as an MP, councillor or other elected official. The consultation closes on the 11th May 2011, see www.equalities.gov.uk/pdf/Main%20con%20doc.pdf for further details.
Legal Question?
My Aunt’s going into Care, can she take her cat with her?
When someone moves into a Care Home, it should be as if they’re downsizing their house to just their bedroom. Their bits and pieces, photographs and other personal things collected over a lifetime should stay with them. If this includes the cat, it needs to be catered for.
Not all Care Homes accept animals. When social services conducts a Community Care Assessment to see where that person’s needs could best be met, the company and pleasure they have from their cat should be included as well.
In reality, most people I visit in Care Homes only have a very small selection of their personal items with them; family pictures, knick-knacks, prized possessions, including their own furniture. Many family’s realise relatives cannot take everything with them, so they keep items stored and rotate them as appropriate. Just occasionally I walk into a room and it’s like going into a hotel room, which is very sad. Sometimes to protect an individual it is necessary to minimise the contents of their room, however just having two or three unnamed family pictures on the wall may be a little too minimalist.
The question to pose is, is this room and its contents setup in this person’s best interests?
Regulation of Care Staff
The UK currently has around 412,000 carers working in Care Homes. There is however no central regularisation of individual workers. The previous Government had intended to introduce a regulation scheme. The current Government however is relying upon the Department of Health putting in place a system of assured voluntary registration for Care Home staff not covered by statutory regulation. The Health Secretary Andrew Lansley commented, that regularisation of social care staff “…could not be justified.” There is already in place the Care Quality Commission’s register of providers, together with CRB checks made on care staff. Further information may also be found from ‘Enabling Excellence: Autonomy and Accountability for Health and Social Care Staff’ at www.dh.gov.uk/prod_consum_dh/groups/dh_digitalassets/documents/digitalasset/dh_124374.pdf.
And Lastly…
Another Bill of Rights
Did you know the Human Rights Act 1998 is not actually the first attempt at giving the UK rights. We had the Magna Carta 1215, the Bill of Rights 1689, the Human Rights Act 1998, and the Equality Act 2010.
This time around the British Bill of Rights is ensuring it is, “…Parliament that makes our laws, not the courts” says Theresa May.
Question: How long will this one last?
Craig Ward
Solicitor
Craig Ward is Author of the book ‘Lasting Powers of Attorney: A Practical Guide’ (The Law Society)