Does Dementia care at home create a “ living hell”!!

• This week warnings by the Alzheimer’s Society highlighted shortcomings in the quality of care at home for people diagnosed with Dementia. Some 850,000 in the UK have been diagnosed with this condition, half of whom rely on care workers coming into their home.

• A survey carried out by the charity reveals that almost a third of home care workers have no training in dealing with the condition. Lack of training can have devastating effects and can be life changing.  The survey has highlighted that shortfalls in care have resulted in people ending up in hospital because of infections being missed, having to stay in soiled clothing because care workers don’t know how to calm them enough to change their clothing.  There have also been instances of people being found in the middle of the road as a result of home care workers not properly securing peoples homes. Clearly the examples used can create a “living hell”.

• Warnings by the Charity serve a purpose because hopefully it will drive up the standard of training in the care industry. The charity estimates that an extra £25 million would cover the cost of the training and which would pay for itself. This is because a consequence would be a reduction in hospital admissions and a reduced need for people to move into care homes.

• The cause of the poor care highlighted by the charity is not only lack of training but lack of resource and an inability to then risk assess people with Dementia.  If you find that you or a loved one has or is suffering in the ways described you can complain to the Care Quality Commission.  If the care has been put in place by your Local Authority you can use their complaints procedures. Other remedies for poor care caused by lack of training and failure to risk asses can include a claim for damages because of breach of duty of care.  Injunctions are relevant if the care is tantamount to abuse.  There are in addition other options.  If you use the options, standards will eventually improve.

• The above is an overview only.  For a FREE appointment and to find out answers to the questions that need answering  and to get the care you or a loved one need email Andrew Douglas  or his  team. Alternatively call us on               0800 072 8636.

We have offices In Marlborough, Royal Wootton Basset, Devizes & Chippenham. You can visit our website www. abdcare.co.uk

Andrew Douglas
Partner

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Are Local Councils failing to meet the needs of the elderly!

• Age UK have published a report today the 17th November 2016  identifying the fact that 1.2 million people don’t get the help they need from adult social care services in their area and some 696,000 people get no help what so ever.  This of course is an indictment on the system but not necessarily a fault which lies at the door of adult social services.

• Local Authorities in this country are the main providers of care for the elderly both in the community and in more structured residential care homes.  They have a must do duty pursuant to the Care Act 2014. This duty is to provide care services to people in their community for the purpose of preventing, reducing and delaying the need for care and support.

• Why therefore do so many elderly people go without either adequate or no help what so ever.  There are of course a number of reasons.  Firstly the sheer numbers of people requiring care and support makes a Local Authority’s task almost impossible.  Secondly there is lack of budget at council level.  Thirdly the test which is applied and adjudicated on by Local Authorities only requires them to provide services where there is a significant need on the part of an adult or carer who needs care and support.

• A further reason why some people get no support at all is because they do not know their rights or where to go to start the process.

• Most people will not know that a Local Authority must (not should) carry out a needs assessment on anyone who has needs for care and support now or in the future irrespective of whether those same needs will be eligible or will qualify financially.  Further, if you are rejected, you need to know that there is an appeals process. For the purpose of starting the process contact by telephone, email or call in to your local adult social care department.  Do not take no for an answer.

• The above is an overview only. For a FREE appointment and to find out answers to the questions that need answering  and to get the care you or a loved one need email Andrew Douglas or his  team. Alternatively call us on               0800 072 8636.

We have offices In Marlborough, Royal Wootton Basset, Devizes & Chippenham. Alternatively visit our website www. abdcare.co.uk

Andrew Douglas
Partner

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Pay your maintenance or you could end up in Prison…

Mr Migliaccio, a former city banker, narrowly escape the four walls of a Prison cell when the Court of Appeal upheld a claim by his former Wife that he owed unpaid maintenance and other monies to her of £9,600. 
This recent Court of Appeal decision (Magliaccio 2016 EWHC 1055) highlights that whilst punishment by way of imprisonment is a very rare occurrence in Family Law cases, the Courts are becoming increasing more forthright in punishing spouses who defy Court Orders. 
Mr Migliaccio claimed before the Court that he had resigned his job at the bank and had unilaterally decided to reduce his maintenance payments to a level he wanted to pay, rather than the amount set by the Court. Needless to say, the Court was not impressed. The Judge noted that at the time of the original Order in 2015, Mr Magliaccio had assets of over £400,000 and an income of over £140,000 p/a. 
Mr Migliaccio was sentenced to 14 days imprisonment, but this was suspended for 28 days so that he could pay up, or face the prospect of a prison cell in default. 

For more information, please contact  peter.berry@awdrys.co.uk 

Peter Berry is a Family & Collaborative Lawyer who is based at the firms Marlborough office.

Brexit vs Parliamentary Sovereignty

I'm confused. One of the main reasons many people voted for us to leave the EU was because they don't like the power the EU has to impose laws on us nor the power that the Court of Justice of the European Union has to overrule the decisions of UK Courts. Many people voted for us to leave the EU because they wanted our Parliament to have the final say. They voted to take a stand for Parliamentary sovereignty which is a fundamental part of our great constitution. For those unfamiliar with this principle, 19th century philosopher AV Dicey described it best:

"The principle of Parliamentary sovereignty means neither more nor less than this, namely that Parliament has, under the English constitution, the right to make or unmake any law whatever: and, further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament" (A.V.Dicey 1885). Note that "no person or body" includes the Government.

For many there has always been a perceived conflict between Parliamentary sovereignty and the EU,  so having voted in June to leave the EU in order to transfer power back to Parliament you would expect these same people to welcome any High Court ruling which upholds the supremacy of Parliament and the English constitution?

Apparently not.

Instead of congratulating Gina Miller in her land mark victory to uphold and protect the Supremacy of Parliament, she and the three High Court judges who found in her favour have been subjected to racist attacks and have been condemned as "enemies of the people" by a proportion of the mainstream media.

It is essential for people to understand that the High Court ruling has absolutely nothing to do with Brexit. It certainly isn't an insult to democracy. Quite the opposite in fact. What kind of democracy would we live in if the current Government who were elected having received just 36.7% of votes in the last general election had an unfettered power to make whatever changes they liked? This would be wholly unsatisfactory for the 63.3% of the country that didn't vote for them and is exactly why we have a supreme Parliament which includes the democratically elected House of Commons which is intended to be representative of the population, to ensure that nobody's view is ignored.

Unfortunately for Mrs May, what should have been made clear to the public is that referendums are not legally binding. Promises by her predecessor have put her in a difficult position. Had Parliament intended to enable the Government to trigger Article 50 this would have been made clear in the statute. This is not the case. So what now?

Tom Paget - Solicitor, Commercial

If Mrs May is serious that "Brexit means Brexit" then she needs to bring the decision before the Members of Parliament as quickly as possible and we must rely on those members to represent and give effect to the wishes of those that elected them.

However you voted, what is clear is that we will gain nothing by leaving the EU unless we respect the High Court's decision and the supremacy of Parliament.


                                                                                                                                                                                                                                             
                                                                                                                                   

BREXIT - FOUR MONTHS ON

Good, bad or indifferent?
When the UK voted to leave the EU on 23rd June 2016 many business and property experts made some pretty bleak predictions about the effect this would have on the commercial property market in the South West and for our local businesses.

Without doubt there was an initial “jolt” in the business world and the fact that the decision came just before the summer when there is usually a lull in activity anyway made it difficult to tell the real effect of Brexit but three months on it doesn't feel as bad as many had feared.

Business as Usual?
The feedback we are getting from our clients is that that they are getting on with "business as usual".  Fears of a recession seem to have subsided for now but the biggest issue still seems to be that no-one really knows what Brexit will actually mean when it eventually happens, or indeed when that will be.  For example how hard will it be for some of our clients to employ staff from other EU countries and will our clients who sell goods to other EU countries be hit with tariffs?  We just don't know.

Property Market
In the meantime the UK is still seen as a safe haven for property investment by many overseas investors and quality commercial property in good locations continues to attract strong demand as there is a general lack of supply.  The weaker pound also has helped make the UK more attractive to outside investors.

House builders are still under pressure to find more sites to meet the Government's targets for new homes so landowners with good sites should feel comfortable that they are still in a strong position.

Investments and Portfolios
Finally with interest rates at record lows many feel that now is a good opportunity to invest or expand their portfolios.  If you are interested in taking advantage of this or would like further information, please contact me jonathan.bailey@awdrys.co.uk                                   

  

 Solicitor, Head of Commercial

Awdry Bailey & Douglas visit Noah's Ark Zoo Farm!

The largest zoo in the South West!

On Saturday 17th September 2016 a group of Awdry Bailey & Douglas Staff and their families gathered together to have a lovely day out visiting Noah’s Ark Farm Zoo in Wraxall, Bristol. The zoo has over a 100 species of big zoo animals to look at and interact with. 

Tickets were very kindly offered to us by Joe Reevy whose company (Words4Business) provide excellent legal updates and articles.  Thanks again to Joe for his generosity.

The sun was shining; there was barely a cloud in the sky and temperature spot on!  



We all had a wonderful time on Saturday, Phoebe, my 2 year old 
was particularly concerned that she would be fed to the Tiger as we were lucky enough to see snack time.  The girls absolutely loved the tractor ride and whooped and cheered. Ella, my 4 year old, was delighted that Gerald the Giraffe (from her story book, "Giraffes can't dance") was real and was the "Daddy One" of George and Geoffrey Giraffe.  Personally, I was particularly impressed that we got to see a Rhino having playtime and teasing his mate and doing laps of his field - who knew that Rhino's had personalities!!  Could have watched them all day.
Rebecca Vassie








Was a great day - although I think I was more tired than the kids by the end of it!
Carina Kervin











Thank you! We had a wonderful day out!
Lucy Daniels

I just wanted to say a massive thank you for organising the trip to Noah's Ark Farm Zoo on Saturday. We had a really lovely day and hope the rest of you did too. We really enjoyed our day at Noah's Ark Farm Zoo. It was lovely that the children had the opportunity to feed goats, sheep and chickens and they particularly enjoyed the tractor ride, especially when it went quite fast (and very bumpily) up and down a hill. In addition to the animals there were also several play areas, indoor and out, so there was no chance of them getting bored! A great family day out. 
Rachel Fereday

My little boy loved the tractor ride and all the different soft plays!

Jonathan Bailey

What a marvellous place Noah’s Ark Zoo is! There is much to see and do and lots of play areas. Watching the gibbons doing their acrobatics was great fun and all the animals looked wonderfully cared for. We couldn’t fit everything in so we’re planning on going back again.
Gill Ephgrave

 Love animals? Go to ABD  Pinterest for more!

AWDRY BAILEY & DOUGLAS SOLICITORS GOLF DAY EVENT 2016

COME RAIN, THUNDER OR SHINE! 

Awdry Bailey Douglas recently hosted their Golf Day Event at the magnificent Bowood Hotel, Spa and Golf resort. The weather was set to be a fabulously hot and sunny September day… 

It was coffee and bacon butties for starters in the Clubhouse Brasserie followed by a welcome speech from ABD partner Andrew Douglas and off they went.  The format was easy!

PGA Pro – Simon Shanks was on hand to give advice at the Pro Clinic Driving Range and there was putting practice on the green beforehand. 

And then they were off... 

Perfect for a round of golf on the magnificent 18 hole course, starting off from the 1st tee in their four ball teams. 

Not just a simple round of golf

Rain, thunder and lightning were thrown in too!

Back at the Clubhouse Paul McLean Director of Golf/PGA Head Professional at Bowood was busy checking out the weather conditions which didn’t look too good.  The clouds were turning a sinister grey and a cool breeze had started up! Finally, as the sound of thunder boomed overhead and lightning struck, the horn sounded and everyone came off the course as quickly as they could adding excitement to the game!  After 40 minutes they were off again but this time with gloriously warm and sunny weather.

Course competitions included: 

Individual Stableford competition, silver tees

Longest Drive

Nearest the Pin

Straightest Drive

Putting Competition

Pre-drinks were served in the Clubhouse Brasserie afterwards followed by a delicious 3 course meal, speeches and prize-giving. 

Winners of the day whilst former ABD champions

 looked on were;

Individual Stableford Competition Winner - Paul Goodman.

Nearest the line and most birdies  - Andrew Gale.

Nearest the Pin – Chris Elias

Longest Drive – Will Fuller 

ABD Putting Champion – Steve Smith, 

ABD Golfer of the Day – Paul Goodman

Many congratulations to the winners and everyone that took part!

Gross Two's Competition

Thanks to everyone who entered the Gross Two's Competition. £115 was raised and will go to a locally chosen charity.

A good night and a TRULY memorable day was had.

Photos

For more information about this event go to ABD Pinterest  where you can scroll down and take a snapshot look...