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| Michael
Curtis
Other
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PROCEDURE
IN THE CARE STANDARDS TRIBUNAL |
This
article is the latest in a series to consider the procedure in
the Care Standards Tribunal. It deals with three evidential
topics that frequently arise in practice |
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| Dr
Geoffrey Phillips
Other
articles by this expert
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A
Simple Guide to Age Related Cognitive Changes and Dementia |
Contrary
to popular opinion, most older people, including the very
elderly, have no significant cognitive impairment. Cognition
is the process by which knowledge is acquired and includes
perception, intuition and reasoning. Increasing age is,
however, associated with slower information processing and
memory retrieval but even this is not universal and even when
present, is not so severe as to interfere with day-to-day
functioning. The perceived importance of information and its
emotional associations will tend to aid memory storage and
recall. Accuracy of recall is given preference over speed, but
keeping track of more than one thing at a time and rapidly
understanding complex material tends to become more difficult
and can be further aggravated if vision and hearing are in any
way impaired. |
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| Michael
Curtis
Other
articles by this expert
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CRIMINAL PROSECUTION FOR REGULATORY OFFENCES UNDER
THE CARE STANDARDS ACT 2000: ONE STRIKE AND YOU'RE OUT? |
Under the former regulatory regime contained in the regulations enacted under the Registered Homes Act 1984, providers could be prosecuted for a breach of a regulation only where the provider continued to infringe a regulation after the service of a statutory notice on him by the regulator.
In effect, the offence consisted in the continuation of the breach. Given the reluctance in most cases of the previous regulators even to serve a statutory notice until a breach had occurred more than once, this resulted in a regime of 'three strikes and you're out'.
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| Michael
Curtis
Other
articles by this expert
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COSTS
IN THE CARE STANDARDS TRIBUNAL |
The
Care Standards Tribunal (CST), unlike its predecessor the
Registered Homes Tribunal, has the power to make costs orders
in limited circumstances. The power is an important one.
Cancellation appeals can last two weeks or more and cost as
much as a High Court action of similar length.
This
article considers and criticises the decisions of the CST to
date and seeks comprehensively to formulate the principles the
CST should apply when exercising its power to make an order
for costs. |
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| Dr
Geoffrey Phillips
Other
articles by this expert
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Long-term
Nursing Care – a Historical Perspective |
Prior
to the early 1980’s, virtually all-dependent elderly
patients were either managed at home by their family, or else
cared for on the long-stay wards of large geriatric or
psychiatric hospitals. The nursing care was often excellent
but the usually Victorian hospitals provided very poor
facilities, with lack of privacy for patients and the
buildings were expensive to maintain. At that time, almost 40%
of the then NHS bed base subserved a long-stay role and, of
course, being part of the NHS was completely free. A
relatively small number of nursing homes, often run by
charitable organisations, provided alternative facilities but
even these were, at least in part, funded by Health
Authorities. By contrast, a tiny number of privately run
nursing homes existed and were almost always exclusively
patronised by the wealthy. |
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As
specialists in the care sector for may years we have become
acquainted with numerous professionals whose expertise complements
ours and upon some of whom we have drawn in delivering our own
services.