Call For Judicial Review Over NHS Patient Safety Policies

Patient safety charity Action Against Medical Accidents has called for legal action against Health Secretary Jeremy Hunt and other ministers involved in the `watering down` of patient safety regulations in the NHS. The government have brought in a new `duty of candour` in a supposed attempt to improve safety after the mid Staffs scandal, but they seem to have brought in 2 tier approach to this.

This `duty of candour` will give less rights to patients who have not been in hospital, such as patients who have come from care homes or directed by GP`s there etc. This will mean that private care homes or GP`s will not have to disclose any worrying lapses of safety that may be harmful in the future, even though the hospitals will have to disclose such issues if they happen under their watch.

The charity Action Against Medical Accidents believes that this lesser duty of candour to private care providers is an unlawful move by the Health Secretary, after they had previously lauded the move for a duty of candour when it was first proposed, and they will look to challenge this new watered down ruling in the High Court unless Hunt backs down and ensures that it covers all care providers in equal measure.

It is likely that the Department of Health will back down rather than risk being challenged in the High Court over this matter. They have already indicated that the new proposed duty of candour is under review at this moment in time and that they will seek the views of other parties and if required make changes, as they say they want to make the NHS the safest healthcare system in the world.

The duty of candour was first recommended by Robert Francis QC back in 2013, in his report on the appalling level of care provided at Stafford Hospital which resulted in many people suffering and some losing their lives due to failures in duty of care.

Legal action against the government over an issue in the NHS so soon after the election would not be an ideal scenario for them, after promising to make great improvements in this sector over the next 5 years. But it is good that we have charities such as Action Against Medical Accidents who can put pressure on the government of the day to ensure they always have the patients safety as a first priority. It would certainly be an embarrassment for them if they were taken to court and defeated on such a sensitive subject that is close to the electorates heart.


Judge Says Allowances Should Be Made For Immigrants Who Discipline Their Children

In a concerning development a UK judge has come out with the proposterous suggestion that immigrants who beat and slap their children should be given special treatment and that their cultural context should be taken into account. There are so many issues with this suggestion that it is hard to know where to start but let`s give it a go!!

Firstly it is just wrong to beat or harm a child in any way, shape or form and this is thankfully now enshrined in our laws, so why we would suddenly want to give allowances for the cultural context of the offence I have no idea. If a person lives or visits these shores they need to be aware of and abide by our laws and if they do not they should suffer the consequences.

You can`t pick out one group for preferential treatment in this way as it opens up a whole can of worms. For instance any UK citizen who has had a particularly bad upbringing and/or they are from a poor background could argue that their particular cultural context has led to them beating their child. Where would it end?

Mrs Justice Pauffley recommended this move whilst sitting in the High Court, indicating that the police and social services should `go easy` on certain immigrant groups. In a ruling over an Indian man who it was said beat both his wife and his son she said that “proper allowance must be made for what is, almost certainly, a different cultural context”, and that the boy “did not appear to have suffered more than sadness and transient pain from what was done to him”.

Unfortunately this ruling will most certainly be seized upon by certain political groups such as the BNP and UKIP who will make great play of the special treatment being meted out to immigrants and this can cause great harm to public relations and friction in our communities.

Last but certainly not least this may give certain people carte blanche to beat and discipline their children, an action which is totally abhorrent to the vast majority of the people in the UK and which should not only be discouraged but legal action should be brought to bear against such people. Children should never be slapped or beaten and there can be no excuses whatsoever, no matter where you are from or what background you have. If you think a child is being mistreated get legal advice over whether to report or press charges over the issue.

Ireland Paid £3.25 Million By FIFA To Avoid Legal Action

It has been uncovered that FIFA paid Ireland a total of $5 million, which equates to approximately £3.25 million, so that they would not start legal proceedings after they were controversially knocked out of the World Cup play offs by France back in 2009.

in extra time in the game against France striker Thierry Henry deliberately brought the ball under control with his hand and crossed the ball for William Gallas who scored the decisive goal. The handball seemed so obvious at the time that there was outrage that none of the officials did not see it, or at least if they did see it they did nothing about it.

To avoid Ireland bringing legal action FIFA decided to give the FA of Ireland a `loan` to go towards the construction of a stadium in Ireland. They have claimed that this $5 million would have been paid back if Ireland had reached the 2014 World Cup Finals but they did not.

In a statement FIFA said: “In January 2010 FIFA entered into an agreement with FAI in order to put an end to any claims against FIFA,” it said in a statement.

“FIFA granted FAI a loan of $5 million for the construction of a stadium in Ireland. At the same time, UEFA also granted the FAI funds for the same stadium.

“The terms agreed between FIFA and the FAI were that the loan would be reimbursed if Ireland qualified for the 2014 FIFA World Cup. Ireland did not so qualify.

“Because of this, and in view of the FAI’s financial situation, FIFA decided to write off the loan as per 31 December 2014.”

The Chief Executive of the FAI at the time, John Delaney, was heavily critical of the way Sepp Blatter handled the incident as he acted in a very disrespectful manner and he seemed to be having a laugh on stage at one point at Ireland`s expense. He said that he had a very heated meeting with Blatter in the aftermath of this incident and it was then that FIFA came to an agreement with Ireland to make a payment to the Association. Delaney believed it was a very good agreeent for Ireland and felt that it was a legitimate payment to them after the upset they had been through.

For more information on this story you can go to the Reuters UK website by clicking on the following link: FIFA Paid FA Ireland $5 Million To Avoid Legal Proceedings