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Community Care Law Update

08 November 2007 / Ed Mitchell
Issue: 7296 / Categories: Features , Community care
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SLIPPERY FLOORS >>
OMBUDSMAN Decisions >>
VULNERABLE ASYLUM SEEKERS >>

CARE HOMES

As a result of the Court of Appeal’s decision in Ellis v Bristol City Council [2007] EWCA Civ 685, [2007] All ER (D) 76 (Jul) shiny smooth floors should become a thing of the past in those care homes in which liquid spillages frequently occur. The case was brought by a care assistant, Ms E, who had worked in a care home for older persons with mental illness, many of whom were incontinent. She fell and injured herself having slipped in a pool of urine left in a corridor by a resident. She brought a compensation claim based on an alleged breach by the home of the Workplace (Health, Safety and Welfare Regulations)1992 (SI 1992/3004) (the regulations).
Corridors in the care home were made of shiny smooth vinyl. They were washed daily and buffed with a machine. They would become slippery when wet. Non-slip mats were placed on those sections of the corridors upon which urination most often occurred. In the case of Ms E’s fall, the mats did not completely cover

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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