Podcast Location:
Download it here [file size: 31.4 MB]
Categories:
Criminal Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This two-part podcast series with barrister Felicity Gerry from 36 Bedford Row discusses the controversial issue of abuse in care homes in light of recent press coverage exposing numerous care homes and healthcare staff for neglect and ill treatment of elderly patients whilst in their care. It explores how care homes are regulated in order to protect against abuse of elderly people in their care and considers the potential for criminal prosecutions against individuals working in care homes including manslaughter by gross negligence and the offence of ill treatment or neglect of a person who lacks capacity. It also considers the risk of care homes being open to prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007.

Outcomes:
After completing the course you will:
  • Appreciate how care homes need to engage with compliance issues in order to prevent deaths occurring and avoid liability;
  • Be aware of the role of the Care Quality Commission in regulating health care and adult social care services and the part they play in protecting against abuse;
  • Be able to identify the potential criminal liability of individuals who abuse an elderly person in their care;
  • Understand how deaths arising in this context may leave care homes open to the risk of prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007;
  • Have considered some pertinent cases concerning individual and corporate liability for ill treatment, wilful neglect or death of a person who lacks capacity;
  • Have considered the practical implications of criminal charges being brought against both individual care workers and corporate organisations.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Legal Principles
Market Update / Hot Topic
Sources and References:
  • Brown [1984] 79 Cr App R. 115 (CA);
  • Care Homes Regulations 2001;
  • Care Quality Commission (Registration) Regulations 2009;
  • Corporate Manslaughter and Corporate Homicide Act 2007;
  • Cotswold Geotechnical (Holdings) Ltd [2011] All E.R. (D) 100;
  • Health and Social Care Act 2008;
  • Health and Social Care Act 2008 (Regulated Activities) Regulations 2012;
  • Mental Capacity Act 2005;
  • Mental Health Act 1983;
  • R v Clare Dunn [2010] EWCA Crim 2395;
  • R v Hopkins; R v Priest [2011] EWCA Crim 1513;
  • R v Salisu and others [2009] EWCA Crim 2702;
  • R v Sheppard [1981] AC 394;
  • R v Young [1970] Cr App R 280.
Tags:

In this two-part podcast series Felicity Gerry from 36 Bedford Row discusses the potential criminal liability of healthcare staff and regulated care providers for the neglect or abuse of elderly patients whilst in their care.

Date Recorded: 24th September 2012

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