Alison Brammer

Defining elder abuse

Abstract The definition of elder abuse is at a formative stage in British social policy. This paper examines four existing definitions of elder abuse from policy and socio-legal perspectives. The development of the definitions is reviewed as part of the process of problem formation within the context of the social construction of old age in British social policy. Central themes and terms contained in the definitions are analysed in detail from legal and policy standpoints. This leads to an assessment of the assumptions that might lie behind the definitions and a consideration of the implications of inclusion within a given definition. Finally, the definitions are compared to the Law Commission recommendations to form the basis of public law protection of vulnerable adults.

The Registered Homes Act 1984: Safeguarding the elderly?

Abstract Parliament has responded to the issue of treatment of the elderly within institutions with the enactment of the Registered Homes Act 1984. This represents the primary means by which the care of the elderly in registered homes is regulated. A system of quality control and policing is introduced and a framework is provided within which registration authorities can monitor homes, exert powers over them and, in theory, be assured that residents receive adequate care. As identified in a series of Registered Homes Tribunal decisions, the reality is, however, somewhat different. The submission of this article is that the laudable intentions and policy of Parliament are undermined by a shortage of resources allocated to registration authorities, insufficient guidance given to those whose task it is to inspect, the restricted nature of legal sanctions available and the tendency of tribunals to favour the interests of the private sector entrepreneur. These deficiencies will be explored and the means sugges...

Domestic Violence Crime and Victims Act 2004

An Act to amend Part 4 of the Family Law Act 1996, the Protection from Harassment Act 1997 and the Protection from Harassment (Northern Ireland) Order 1997; to make provision about homicide; to make common assault an arrestable offence; to make provision for the payment of surcharges by offenders; to make provision about alternative verdicts; to provide for a procedure under which a jury tries only sample counts on an indictment; to make provision about findings of unfitness to plead and about persons found unfit to plead or not guilty by reason of insanity; to make provision about the execution of warrants; to make provision about the enforcement of orders imposed on conviction; to amend section 58 of the Criminal Justice Act 2003 and to amend Part 12 of that Act in relation to intermittent custody; to make provision in relation to victims of offences, witnesses of offences and others affected by offences; and to make provision about the recovery of compensation from offenders. [15th November 2004]

Legal developments since No Secrets

No Secrets: Guidance on developing and implementing multiagency policies and procedures to protect vulnerable adults from abuse was introduced as formal guidance in 2000 (Department of Health, 2000). In July 2009, the government published Safeguarding Adults: Report on the consultation on the review of the ‘No Secrete’ guidance (Department of Health, 2009), paving the way for revised guidance. In the 10 years since the introduction of No Secrets, we have seen many changes in the field of adult protection, including reconceptualisation of this area of practice in terms of ‘safeguarding’. As guidance, No Secrets operates within the context of current legislation and case law. This legal landscape has developed considerably over the last 10 years and it is apposite to review those changes; the effect of which must be integrated into any review. 2010 also marks 10 years since the implementation of the Human Rights Act 1998 (HM Government, 1998) and while its influence is clear in some developments, certain case law decisions have been disappointing.

Inside the Court of Protection

Purpose – This paper aims to summarize the work of the Court of Protection.Design/methodology/approach – The paper outlines the history and range of applications within the jurisdiction of the Court, drawing from the Mental Capacity Act and the Code of Practice. Reference is made to annual reports of the work of the court which profile its workload. Finally there is a review of a line of case law dealing with the question of media attendance and reporting of cases before the court.Findings – The Court in its current form was established under The Mental Capacity Act, 2005 and is a significant decision‐making body in the UK within adult safeguarding practice concerning adults whose decision‐making capacity is impaired. The implications of several specific cases are discussed.Originality/value – This paper provides a unique insight into the work of the Court of Protection and the implications of recent decisions by the Court for adult safeguarding.

The Mental Capacity Act 2005

(1) “Advance decision” means a decision made by a person (“P”), after he has reached 18 and when he has capacity to do so, that if— (a) at a later time and in such circumstances as he may specify, a specified treatment is proposed to be carried out or continued by a person providing health care for him, and (b) at that time he lacks capacity to consent to the carrying out or continuation of the treatment, the specified treatment is not to be carried out or continued.

Human Rights Act 1998: implications for adult protection

The recent incorporation of the European Convention on Human Rights into UK domestic law as the Human Rights Act 1998 is predicted to have a major impact on all aspects of life. Here, Alison Brammer provides a comprehensive overview of the Act and looks specifically at how it may affect adult protection policy and practice.

Contact, welfare and children in care: revisiting the significance of birth family relationships after finding significant harm

Abstract The focus of this paper is the issue of continuing birth family involvement in the child’s life once the child is living in care. Drawing on a psychosocial study and free association narrative interviews with care leavers it focuses on the harm to a young woman called Frances, caused by direct contact with her birth family and the cessation of such contact. The paper addresses the tension between these two types of harm, in particular the role of contact in safeguarding and promoting the welfare of children in care. It presents an argument for the child’s care plan to emphasise the need for ongoing review of the role and impact of the child’s close relationships and contact with their birth family once the child is in care. This includes ongoing consideration of the child’s changing relationship with the birth mother and siblings with a view to reconciliation in young adulthood.

Time for justice, time for change! The place of academic and community partnerships in promoting local and global rights and challenging injustice

ABSTRACT This paper reflects on a three-year research project involving academics and public, private and third sector partners in the UK and India. The team engaged with innovative international outreach research methods to question how listening to ‘voices of experience’ can inform and ‘outrage’ academic and community perspectives on human rights to create and promote local to international access to justice strategies. During the project Keele University, UK, the Tata Institute of Social Sciences, Mumbai and Hyderabad, India, hosted field visits and reflective workshops involving academic, legal and third sector colleagues, to consider the comparative engagement and response to contemporary social welfare and social justice issues. The paper reflects on the learning experience, from which the contrasting India and UK perspectives on sexual violence asserts that academic and community partnerships have a significant role to play in understanding and engaging with contemporary issues; to spark outrage, challenge mainstream responses and promote alternative community legal outreach approaches.

Protecting vulnerable adults from sexual abuse

Here, the legal situation relating to sexual activity and people with reduced capacity is considered. From the starting point of one recent, contentious case, the column goes on to examine the current state of legal protection and intervention, and looks at how this could be improved by current developments and possible future changes.