Mental Incapacity | Carer’s Responsibilities


Those who own, run or work in care homes and those having carer responsibilities, potentially face criminal liability arising from death, injury or physical abuse to those in their care.

All too frequent reports in the media emphasize the need for extreme diligence by those responsible for caring for those affected.

In the event of a fatality:

John Veale of Kangs Solicitors comments on some of the relevant legislation affecting care workers.

Mental Capacity Act 2005 (‘the Act’) | Kangs Advisory Solicitors

  1. The Act features legislation designed, inter alia, to:
  • protect those who lack mental capacity
  • introduce a framework controlling Powers of Attorney
  • bring all jurisdictions relating to capacity matters under one roof, the new Court of Protection, headed by the Public Guardian, and
  • introduce criminal offences for inappropriate behavior by those who have care of/exercise legal powers over those who lack mental capacity.
  1. Section 44 applies if a person who
  • has care of a person who lacks capacity or is reasonably believed to lack capacity
  • holds a lasting or an enduring power of attorney for someone who lacks capacity
  • is appointed by the court to look after someone who lacks capacity

Is guilty of an offence if that person ‘ill-treats or willfully neglects’ the person who lacks capacity.

  1. ‘Ill-treats or willfully neglects’

A person may be guilty of ill-treatment if they have deliberately:

  •  ill-treated the victim in their care or are
  • reckless as to whether they are ill-treating the victim or not
  1. Sentences
  • A person who is convicted of an offence at the Magistrates’ Court can receive a term of imprisonment not exceeding twelve months or a fine not exceeding the statutory maximum or both.
  • A person who is convicted at the Crown Court can receive a term of imprisonment not exceeding five years, a fine or both.

How Can Kangs Solicitors Assist? | Kangs Criminal Solicitors

At Kangs Solicitors we have a team of solicitors experienced in representing clients at all stages of any investigation, whether it be manslaughter or any lesser offence, from police station interview to trial.

If you need assistance, please do not hesitate to contact our team through any of:

Hamraj Kang
07976 258171 | 020 7936 6396 | 0121 449 9888

John Veale
07779 055907 | 0121 449 9888 | 020 7936 6396

Helen Holder
0121 449 9888 | 020 7936 6396

Steve Mickleright
020 7936 6396 | 0121 449 9888

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