Justice Secretary Chris Grayling is aiming to reduce the number of judicial review applications. What is ‘judicial review’ and why does he want to reduce their numbers? Judicial review is a process started in the High Court where a judge is asked to consider the actions or a decision of a public body (e.g. your [...]
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Regulating interferences with the human rights of vulnerable adults
If someone is deprived of their liberty and this is authorised by the Court of Protection, is up to the care home or hospital in question to determine how, or if, to regulate any restrictions on that person. It will be surprising to most that currently there is no legislation or statutory guidance which sets [...]
When can the police come in to my house?
There are a number of way that a police officer can lawfully enter your premises. Set out below is a brief consideration of a few of the most common examples. By far the most usual way is by consent. If an officer asks you if they can come in, and you say yes, then you have consented [...]
What’s in the draft Care and Support Bill?
The Care and Support Bill is currently in the pre-legislative scrutiny stage. This means that it is still out for consultation (until 19th October 2012) and will make its way through parliament next year. So what is in it? In its current form it proposes to establish a primary principle of promoting individual wellbeing. Broadly, [...]
Hard road ahead for the Care Quality Commission
Following a scathing independent report into the systematic abuse of patients at a Bristol care home, GN Law director Andrew Guile believes the Care Quality Commission’s role in maintaining standards is more important than ever. The watchdog was among numerous organisations and authorities criticised in the inquiry, published after an eleventh and final care home [...]
Further developments on employees rights to holiday pay when sick
Following on from our recent Article, the Court of Appeal in NHS Leeds v. Larner has now addressed the issue of the right to annual leave and has provided further interpretation of Article 7 of the Working Time Directive, though in a situation where the employee did not attempt to take leave. The Claimant was [...]
