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Article
Publication date: 2 August 2013

Paul Burstow

This paper intends to explore how corporate bodies could be held criminally responsible for abuse and neglect that takes place in hospitals and care homes if by their…

Abstract

Purpose

This paper intends to explore how corporate bodies could be held criminally responsible for abuse and neglect that takes place in hospitals and care homes if by their actions they facilitate this abuse or neglect to take place. It explores current domestic and international law and seeks to find precedents and guidance that would allow the Government to create a new criminal sanction for “corporate neglect”.

Design/methodology/approach

The paper provides a review of existing legislation and regulation on corporate neglect in hospitals and care homes.

Findings

The paper proposes that the Health and Social Care Act 2008 be amended to include a new section which would make corporate neglect a criminal offence. Furthermore, to ensure that the punishments for these offences act both as appropriate sanction and a suitable deterrent for corporations, the author proposes that new offences should be implemented to include unlimited fines, remedial orders and publicity orders.

Originality/value

Following a number of recent scandals in care homes and hospitals, including Winterbourne View and Mid Staffordshire, it is clear that there is a legislative and regulatory gap in the ability to hold corporate bodies to account for neglect or abuse that occurs in their institutions. This must now be urgently addressed.

Details

The Journal of Adult Protection, vol. 15 no. 4
Type: Research Article
ISSN: 1466-8203

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Article
Publication date: 13 June 2016

John Crossland

The planning and provision of care for older people in the lesbian, gay, bisexual and trans (LGBT) communities is an increasing challenge to traditional welfare systems…

Abstract

Purpose

The planning and provision of care for older people in the lesbian, gay, bisexual and trans (LGBT) communities is an increasing challenge to traditional welfare systems. The purpose of this paper is to explore the potential of the newly implemented Care Act 2014 in England for developing an anti-discriminatory approach.

Design/methodology/approach

The review draws on existing research and conceptual literature to identify how key provisions of the new act can be interpreted in light of current knowledge.

Findings

Overall the provisions of the Care Act lend themselves well to positive interpretation in relation to the needs of older LGBT people and their support networks. A potential tension, however, arises in the locality focus of the legislation that could constrain good practice with geographically dispersed communities. There is also a need to challenge both heteronormative and ageist assumptions that lead to older LGBT people remaining unrecognised.

Practical implications

Applied with imagination and commitment, the provisions of the new act could enable new forms of person-centred care to emerge to support older LGBT people.

Social implications

Social workers are in a key position to influence how the Care Act is interpreted and applied in practice and can act as change agents for a societal move towards older LGBT people having greater choice and control over their well-being.

Originality/value

This review presents examples of how the provisions of the legislation can be utilised to support positive change for older LGBT people.

Details

Quality in Ageing and Older Adults, vol. 17 no. 2
Type: Research Article
ISSN: 1471-7794

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Article
Publication date: 27 September 2010

Sonia Jackson

The Children Act 1989 ended a period of four decades during which the education of children and young people in care was almost entirely neglected. However, it was another…

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Abstract

The Children Act 1989 ended a period of four decades during which the education of children and young people in care was almost entirely neglected. However, it was another 20 years before education took its rightful place at the centre of provision for the care of children away from home. This article considers the contribution made to this process by the Act and its accompanying Guidance, what progress has been made and what were the obstacles, past and continuing, that have made it so difficult to narrow the gap in attainment between looked‐after children and others.

Details

Journal of Children's Services, vol. 5 no. 3
Type: Research Article
ISSN: 1746-6660

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Article
Publication date: 8 February 2016

Tony Stanley

The purpose of this paper is to discuss how the signs of safety and wellbeing practice framework offers a practical and logical reinforcement for the Making Safeguarding…

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6166

Abstract

Purpose

The purpose of this paper is to discuss how the signs of safety and wellbeing practice framework offers a practical and logical reinforcement for the Making Safeguarding Personal programme within the practice context of the Care Act. The new practice framework orientates safeguarding practice to be person led and person centred while reinforcing an outcomes focus.

Design/methodology/approach

The principal social worker co-led the design and pilot programme where the new practice framework was developed and trialled.

Findings

A practice framework that houses the policy and practice updates needed to deliver the Care Act and Making Safeguarding Personal agenda is logical and necessary for the practitioners. An outcomes focus is encouraged because safeguarding practice is goal orientated and outcome focused.

Practical implications

A debate about how practice frameworks can help achieve the Making Safeguarding Personal approach and deliver on the Care Act principles is offered. This is a new and important debate for adult social care; a debate well-established across children’s services.

Originality/value

A debate about how practice frameworks can help achieve the Making Safeguarding Personal approach and deliver on the Care Act principles is offered. This is a new and important debate for adult social care; a debate well-established across children’s services.

Details

The Journal of Adult Protection, vol. 18 no. 1
Type: Research Article
ISSN: 1466-8203

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Book part
Publication date: 1 December 2014

Robbya R. Green-Weir and Tamara N. Stevenson

Is health care a right or an entitlement? This question persists in the ongoing political, legal, and social turbulence surrounding efforts toward accessible and…

Abstract

Purpose

Is health care a right or an entitlement? This question persists in the ongoing political, legal, and social turbulence surrounding efforts toward accessible and affordable health care in the United States.

Design/methodology/approach

The analysis is drawn from a review of the literature and interviewing a subject matter expert employed by a health maintenance organization in Michigan.

Findings

Since the early 1900s, federal legislation has been proposed to establish some type of health care structure that could sufficiently address the varying health care needs of Americans. These multiple attempts toward national health care reform invoke the inquiry of the federal government’s role and function to facilitate access to and management of health care. The passage of the Patient Protection and Affordable Care Act (PPACA) amplifies the conditions and consequences of implementing health care reform effectively.

Originality/value

For college students, the complexities of both the health care and higher education systems can be overwhelming, especially for those students who may already be struggling to pay for and/or finance their schooling and satisfy academic requirements to matriculate while simultaneously striving to maintain a reasonable level of health to complete their education. College students are but one of many vulnerable populations in the United States impacted by the complicated policies and procedures of accessing, delivering, funding, and paying for health care.

Details

The Obama Administration and Educational Reform
Type: Book
ISBN: 978-1-78350-709-2

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Abstract

Details

Housing, Care and Support, vol. 3 no. 2
Type: Research Article
ISSN: 1460-8790

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Article
Publication date: 13 February 2017

Gary Craig and Stephen Clay

The 2015 Modern Slavery Act focusses attention forms of modern slavery (human trafficking and forced labour), within the UK. The contemporaneous 2014 Care Act, identifies…

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1941

Abstract

Purpose

The 2015 Modern Slavery Act focusses attention forms of modern slavery (human trafficking and forced labour), within the UK. The contemporaneous 2014 Care Act, identifies modern slavery as a new form of risk within adult social care, listing forms of abuse and vulnerability. However, it does not consider whether those providing care may themselves be vulnerable to forms of modern slavery. The paper aims to discuss these issues.

Design/methodology/approach

The authors describe the history of the development of modern slavery legislation in the UK, outline key provisions of the Care Act, illustrated with real-life cases. The analysis suggests that adult social care – characterised by informality, fragmentation and vulnerability – is one where instances of modern slavery may be more common than considered to date.

Findings

The data collected, though relatively modest, suggests that a thorough investigation should be undertaken into the possibility of modern slavery taking place within the realm of adult social care.

Research limitations/implications

Data have been collected through a snowball process, rolling out a survey to relevant groups of individual and organisations. A more rigorous investigation is required to examine the extent of modern slavery within adult social care.

Practical implications

The training of those responsible for the regulation/management of adult social care needs to ensure that they are fully equipped to understand the nature of modern slavery and how to identify its symptoms and victims.

Social implications

There is also a need for heightened awareness of those close to people being cared for that they may also identify the symptoms of modern slavery.

Originality/value

This area has not been explored to date.

Details

The Journal of Adult Protection, vol. 19 no. 1
Type: Research Article
ISSN: 1466-8203

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Article
Publication date: 3 June 2014

Wenche Malmedal, Randi Hammervold and Britt-Inger Saveman

– The purpose of this paper is to investigate factors that influence the probability that staff will commit acts of inadequate care, abuse, and neglect.

Abstract

Purpose

The purpose of this paper is to investigate factors that influence the probability that staff will commit acts of inadequate care, abuse, and neglect.

Design/methodology/approach

A cross-sectional survey study was carried out in one county in the middle of Norway (Sør-Trøndelag). Random sampling, stratified by size of nursing homes, and location (rural or urban areas), was used to select a variety of nursing homes from a total population of 55 nursing homes. All staff working in 16 nursing homes working were asked to participate in the study. A response rate of 79 per cent was achieved (n=616).

Findings

Findings reveal that location and size of the nursing home, age of the staff, education level, job satisfaction, resident aggression, and conflicts between residents and staff predict inadequate care, abuse, and neglect. The most consistent findings are that resident aggression increases the risk for all three types of inadequate care, and that conflicts predict different types of inadequate care depending on whether the conflicts are related to direct care-giving activities or not.

Practical implications

Nursing home care is an important part of care for the elderly, and should be characterized by good-quality services. The relation between inadequate care and resident aggression, conflicts, and other factors shown in this study points to the relevance of further improvements in nursing home practices to minimize the occurrence of episodes of inadequate care, abuse, and neglect.

Originality/value

This study investigated the relationships between 11 specific factors and different types of inadequate care in a nursing home context.

Details

The Journal of Adult Protection, vol. 16 no. 3
Type: Research Article
ISSN: 1466-8203

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Article
Publication date: 27 September 2010

Denise Hevey

Early years policy and services have been subjected to substantial and rapid reform over the past 20 years. This article provides a brief overview of legislative and…

Abstract

Early years policy and services have been subjected to substantial and rapid reform over the past 20 years. This article provides a brief overview of legislative and policy changes over this period, with a particular focus on regulation and workforce issues, and traces the enduring influence of the Children Act 1989 to the present. It identifies a paradigm shift in early years services from a world view based on public health and care and on devolution of responsibility, to one in which promoting children's learning and development is core and centralised regulation and national standards are seen as essential. This is reflected in changed responsibilities at government department and regulatory body level. Despite these major changes, the article concludes that the key principles of the Act ‐ in terms of children's rights, parents' responsibilities, listening to children and inter‐agency co‐operation ‐ are still apparent.

Details

Journal of Children's Services, vol. 5 no. 3
Type: Research Article
ISSN: 1746-6660

Keywords

Open Access
Book part
Publication date: 9 December 2021

Mark Taylor and Richard Kirkham

A policy of surveillance which interferes with the fundamental right to a private life requires credible justification and a supportive evidence base. The authority for…

Abstract

A policy of surveillance which interferes with the fundamental right to a private life requires credible justification and a supportive evidence base. The authority for such interference should be clearly detailed in law, overseen by a transparent process and not left to the vagaries of administrative discretion. If a state surveils those it governs and claims the interference to be in the public interest, then the evidence base on which that claim stands and the operative conception of public interest should be subject to critical examination. Unfortunately, there is an inconsistency in the regulatory burden associated with access to confidential patient information for non-health-related surveillance purposes and access for health-related surveillance or research purposes. This inconsistency represents a systemic weakness to inform or challenge an evidence-based policy of non-health-related surveillance. This inconsistency is unjustified and undermines the qualities recognised to be necessary to maintain a trustworthy confidential public health service. Taking the withdrawn Memorandum of Understanding (MoU) between NHS Digital and the Home Office as a worked example, this chapter demonstrates how the capacity of the law to constrain the arbitrary or unwarranted exercise of power through judicial review is not sufficient to level the playing field. The authors recommend ‘levelling up’ in procedural oversight, and adopting independent mechanisms equivalent to those adopted for establishing the operative conceptions of public interest in the context of health research to non-health-related surveillance purposes.

Details

Ethical Issues in Covert, Security and Surveillance Research
Type: Book
ISBN: 978-1-80262-414-4

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