Archives for category: Legal

A judge has dismissed a judicial review brought by national care provider body Care England against a local authority it said had breached its Care Act duties by setting fees too low.

Care England argued that Essex council had fixed the fees it offered to providers under a new commissioning framework at a level “significantly below their costs of care”.

It said this contravened section 5 of the Care Act, which stipulates local authorities must promote an efficient and effective care market and “have regard” to ensuring its sustainability.

The issue was highlighted last month by a report from the Competition and Markets Authority (CMA) which found care home operators had been charging self-funding residents an average of 41% more than council-funded ones in order to remain solvent.

 

Source : ‘Care Act breach’ judicial review over provider fees dismissed : Community Care

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Now these are area for consideration and there may be advantages but there will also be many disadvantages.

One of the main advantages will be that there is an ordered society, but the disadvantage is who creates the order and who will monitor it.

Society values change from time to time and when this occurs would there have to be widespread rewiring or reprogramming. and who will decide when, where and how.

Is this not the Big Brother of Orwell’s 1984.

Will this only be occurring within the UK or all over the World and if the latter, what about the different perceptions of Society in each individual country. Then if this is so what would occur when people visit from other countries where the aspects of Society differ from the country they are coming to.

On the face of it rewiring and reprogramming is the ideal, but when taking into account the practicalities, then may be not.
It is also open to abuse from anyone within the ruling classes.

In effect is there not an option at the moment with the rewiring and reprogramming substituted by some forms of medication.

Lastly, would any of us wish to be, within an environment, where everyone would be the same as the next person, surely our individual differences bring enlightenment to all our lives.

Opher's World

All behaviour is either learnt or innate.

There is no such thing as evil. That religious concept went out with the death of the Devil (another human invention).

That does not mean that people do not do ‘evil’ things. They do. We all have the innate behavioural pathways to do cruel, hateful, callous and nasty things.

But most of us don’t. Should the ones who do be punished?

Either their behaviour is the result of being damaged by their horrible experiences, of being taught badly, or of an innate character flaw. Whatever the cause it is down to bad wiring in the brain and bad brain chemistry.

What has been learnt can be unlearnt, wiring can be rewired, chemistry imbalances can be corrected.

In future when we have understood the functioning and biochemistry of the brain a lot better, rather than punish someone for bad behaviour all that will be…

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The American Gun Lobby, Trump and the NRA put forward the arming of every American would reduce the amount of gun crime and ideally deaths from gun fire, what in this instance did the parties being armed achieve in saving lives and reducing crime, except, at least, one less gun happy person being alive.

Ace News Services

#AceNewsReport – Dec.08: Florida cop shot multiple times, gunman killed in parking lot: Manuel Gonzalez was working an off-duty detail in uniform to provide security at a Walmart when he confronted the shoplifting suspect, Miami-Dade Police Director Juan Perez said at a news conference #AceNewsDesk reports

Author: Tim Dees – Curt Anderson Associated Press reportsFla. cop shot multiple times, gunman killed in parking lotthe report stated that Gonzalez and David Facen exchanged shots at close range and the officer was struck multiple times, Perez said……..The 54-year-old Facen was killed by the officer……….Television news reports showed a body covered in a yellow plastic sheet between two cars in the parking lot. TV reports also showed the 31-year-old officer walking with assistance into the emergency room of a local hospital…….”Our officer is going to be OK. Right now, he’s in good spirits despite being shot multiple times,” Perez…

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LONDON (Reuters) – Britain and the European Union struck a divorce deal on Friday that paves the way for talks on trade, easing pressure on Prime Minister Theresa May and boosting hopes of an orderly Brexit.

 

Source: Factbox – British business organisations react to Brexit talk progress : Reuters


These firms have now been named but have they been shamed.

Also have these firms had to pay any financial penalty for them not paying the National Living Wage.

Govt Newspeak

Fashion giant Primark paid nearly 10,000 staff less than the minimum wage, despite making a £735 million profit last year

I knew this vile company had to be involved

Primark and Sports Direct are among 260 firms named and shamed today for failing to pay the minimum wage.

In total, the 260 companies underpaid 16,000 workers £1.7m in back pay and have been fined £1.3m.

Business Minister Margot James said: “There is no excuse for not paying staff the wages they’re entitled to.”

Green MP and Best for Britain Champion Caroline Lucas branded the list “Brexit Britain at its worst and most exploitative.”

She added: “These figures show that bosses are continuing to exploit workers and take them for a ride. There’s a real concern that workers are set to suffer even more as the Government pursues its damaging brexit. Workers’ rights are under threat – and a…

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A young man with special educational needs has been left in short-stay accommodation for nearly two years because social workers in Lancashire could not decide where he should live permanently, the Local Government and Social Care Ombudsman has found.

The man was placed in short-stay accommodation by Lancashire County Council after his family told social workers they were struggling to cope with his behaviour and the impact it was having on his younger siblings.

The Ombudsman’s investigation found the placement in January 2016 was only meant to be temporary, but the man is still living in the accommodation today. It is likely the man’s behaviour has deteriorated through not living in suitable accommodation and not receiving appropriate support.

Local Government and Social Care Ombudsman, Michael King, said:

“This man has been left in limbo in this accommodation, which by its very nature was only ever intended to be a short stay. He has missed out on vital support and development opportunities

 

Source: Disabled man left for two years in unsuitable short-stay accommodation let down by council | Care Industry News


SNP Social Justice spokesperson at Westminster Neil Gray MP has said the Tories need to face up to the fact that they are still planning to ‘plunge hundreds of thousands more people into poverty’ with their Universal Credit policies (UC), and that the public must be allowed to see the internal assessment reports.

The comments come as a result of today’s UC debate in which the UK government minister responsible -David Gauke – made a concession which would mean he will make available redacted copies of Department of Work and Pensions (DWP) assessment reports on Universal Credit, to the Westminster Work and Pensions committee.

However, the Secretary of State confirmed to Neil Gray during the debate that he will still challenge the Information Commissioner’s Office (ICO) ruling to publish the reports at the High Court.

The ICO has already said they should be published publicly and in full – as that is specifically in the public interest.

 

Source: Tories forced to release Universal Credit assessment reports


It would appear that DWP PIP are in a different Universe as they are unaware of what is occurring in this one or is their first reaction to lie as they are stating the opposite of what is now, apparently, being proceeded with.

Govt Newspeak

A personal experience of what sanction targets in the Personal Independence Payments system are doing to claimants and their families.

A quick glance at disability forums online and PIP’s continued harm becomes evident. “Face-to-face” assessments are routinely error-strewn and have received a litany of complaints regarding the conduct of assessors, the tribunal service has made it clear the DWP’s presentation of cases is generally terrible, and claimants transferred from the old Disability Living Allowance are finding their claims downgraded at a relentless pace.

For those unfamiliar, PIP is assessed as follows:

  • An initial claim is made by phone
  • The claimant completes a form detailing how their disability affects them

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A good question for in the Tories austerity campaign there appears to be no room for manoeuvre to allow any reasonable adjustments for disabled people.

Will any existing European Union legislation be maintained into UK law and furthermore will EU legislation coming through be also included. Without these current and forthcoming EU legislations the outlook for disabled people will be even more depressing and unequal as it is already.

All of the UK needs to unify behind ensuring that disabled people now and after Brexit are not abandoned by this Tory Government, as you may also become disabled within your lifetime. Think of others like you would for yourself and your own family, otherwise the life for disabled will be far worse than it is now and now is not as good as it should be.

Britain Isn't Eating

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Amidst the furore over US President Donald Trump retweeting messages attacking Muslims, by far-right extremists Britain First, the following tweet struck a chord with This Writer:

 

Source: What if Donald Trump had retweeted messages targeting people with disabilities instead of Muslims?

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