Trans people who lack mental capacity – How are decisions relating to transitioning made?
This change is to ensure that care homes are made safer for residents vulnerable to the virus. Care home safety has been a significant challenge during the pandemic due to residents being one of the most vulnerable groups at risk of serious illness or death from COVID-19.
Anyone who enters a Care Quality Commission (CQC) registered care home must be vaccinated; this includes staff, agency workers and volunteers.
Those exempt do not have to be vaccinated, this includes:
The legislation does not grant exemption for those who object for religious of philosophical reasons.
It is the legal responsibility of the ‘registered person’ within each care home to check each person’s vaccination status and keep a record of them.
You can show proof of double vaccination status through the NHS COVID Pass App, NHS app or NHS COVID Pass letter.
Booster doses are not currently a requirement included in the regulations.
Under the new legislation, an employee that refuses to be vaccinated may have to be dismissed by their employer. There are some limited alternative options, such as the employee having clinical reasons for not being vaccinated, and these should be considered carefully before moving to terminate the employee’s contract (if they have not already been considered during the 16 week grace period since 22 July 2021).
No. The vaccine will be mandatory for new employees unless they are exempt. So because some potential recruits may have clinical reasons for not taking the vaccine, employers should be careful with any selection process that excludes those who are unvaccinated, as this could put them at risk of disability discrimination.
It is clear that whilst the mandatory vaccinations will provide more protection for residents in care, it will also add a serious strain on the staffing issues already present in care homes.
This is a challenging issue. With close to 50,000 unvaccinated care workers at risk of losing their jobs, care homes are in danger of losing vital support for their residents.
This is an evolving area of the law and employers should keep a careful watch on the mandatory requirements moving forward.
Whilst not legally obligated to enforce the changes, Attorneys and Deputies should nonetheless be aware of legislative changes which may affect the care their clients receive in care homes.
Mandatory vaccines for care home workers will ensure that care homes are made safer from COVID-19 for residents.
However please be assured that the vaccination is not mandatory for care home residents or family and friends who intend to visit the resident.
The new legislation does not extend to those who care for residents in private homes (at-home care).
If you are concerned about issues relating to a loved one who lacks capacity please get in touch with a member of our Private Client Team.
Jemma Garside is a Senior Associate in the Private Client team specialising in Court of Protection work. Jemma’s practice involves supporting professional and lay deputies for individuals who do not have capacity to manage their property and financial affairs.
Katie O'Brien is a trainee solicitor at Kingsley Napley and is currently in her first seat in the Private Client team. Katie joined Kinglsey Napley as a first seat trainee in September 2021.
As non-UK tax residents, the couple will be subject to special rules for calculating the capital gains tax (“CGT”) due in relation to either the sale or transfer of their UK property.
The last 12 months have put an awful lot of pressure on the family unit and sadly this has led to a spike in separation and divorce amongst married couples. With the end of the tax year fast approaching (last day Monday 5th April – Easter Monday) it is timely to consider the tax consequences of separations.
The coronavirus crisis has caused huge disruption across the world. The distress that it is causing is compounded in circumstances where intended parents of surrogacy children are in the middle of their surrogacy journey. In this blog, we address some of the most common issues people are experiencing and provide practical tips on how to navigate the current situation. These challenges include access to fertility treatment, pregnancy and birth, international travel restrictions, immigration status, parental orders and Wills among others.
With an increase in the number of client wanting to write new, or update existing, Wills or Lasting Powers of Attorney while either self-isolating or remaining within the government's social distancing guidelines, Diva Shah discusses the possible changes to the Wills legislation.
Anxieties to put a Will, or new Will, in place may be heightened by the difficulties in executing a will in the presence of two witnesses at a time of social distancing and isolation. But for some of us, more than ever alert to the reality of our own mortality, would dying without a will really be a complete disaster for our assets and our family – or would things work out OK?
International clients with a UK footprint often like a good spread sheet: specifically, a spread sheet covering their days spent in the UK and those spent overseas in the period 6 April to the following 5 April. This period is the UK tax year, and well-advised international clients – those considered neither resident nor domiciled in the UK - are all too aware that not keeping track of their UK day count may make them UK resident and within scope of UK income and capital gains tax on their worldwide income and gains. Numbers matter.
The news is dominated at the moment with the dreaded C word – COVID-19. Our TV screens, phones and newspapers are filled with the death count, panic buying and now “lockdown”. For many, being isolated or maintaining social distancing means that you may well be thinking about your future.
In the current crisis, we find ourselves with time (perhaps too much time…) for worry and reflection over an uncertain future. That reflection could usefully and responsibly be channelled, in part, to issues of Wills, tax planning and general succession.
Skip to content Home About Us Insights Services Contact Accessibility