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Wednesday 5 June 2013

Operation Jasmine: MP urges care home abuse law change

Operation Jasmine: MP urges care home abuse law change

Dr Prana DasDr Prana Das was left brain damaged after a violent burglary at his home

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An MP wants a change in the law after the collapse of the UK's biggest investigation into alleged abuse at old people's care homes in south Wales.
Operation Jasmine started in 2005 and cost £11.6m, but was put on hold after Dr Prana Das, the homes' owner, suffered brain damage in a burglary.
Charges against him have been left on file.
Blaenau Gwent MP Nick Smith hopes the UK government will back his proposal, which he said had cross-party support.

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The families and the residents there want justice and I'm going to keep up the campaign to make sure that we have a public inquiry but also try and change the law”
Nick Smith MPBlaenau Gwent
The decision was made to leave the charges on file after a hearing at Cardiff Crown Court in March.
In April, after a criminal trial, a man and a woman were jailed for 15 and 10 years respectively for assaulting and robbing Dr Das and his wife Nishebita, also a doctor, in their home in Newport.
The court was told that Dr Prana Das, 66, was hit about the head so violently that he will never practise medicine again.
He had faced charges relating to neglect and fraud at two care homes - Brithdir Care Home in New Tredegar, near Bargoed, and The Beeches in Blaenavon.
Gwent Police have already welcomed the decision that proceedings could restart if his condition improved.
'Important topic'
Mr Smith told the BBC's Sunday Politics Wales that when he raised the matter at Prime Minister's Questions, fellow MPs recognised there were many issues of "neglect of old people at care homes across the UK".
Nick Smith MPBlaenau Gwent MP Nick Smith says lessons need to be learned from the case
He will table a Ten Minute Rule Bill at Westminster later this week as a first legislative step.
"I think that this is an important topic," he said. "The families and the residents there want justice and I'm going to keep up the campaign to make sure that we have a public inquiry but also try and change the law.
"There's going to be a social care bill and I want to make sure that we can get an amendment put through to that to make sure that if there are issues of neglect they can prosecuted properly by the authorities".
Operation Jasmine spanned seven years, involved 75 police staff, and 4,126 statements were taken.
Mr Smith said: "Lots of people recognise it is an ongoing issue and a fight worth seeing through".
The MP has spoken about his shock at hearing details of the case and what had happened to 103 alleged victims, 63 of whom have since died.
Operation Jasmine was an inquiry funded by the Home Office into six care homes in south Wales.

More on This StoryDr Nishebita Das was born in 1949 and the first directorship we have on file was in 1995 at Puretruce Health Care Limited. Them most recent directorship is with L-Giri Limited where they holds the position of "Doctor". This company has been around since 13 Feb 2001 . In total, Nishebita has held 5 directorships, 3 of which are current, and 2 are previous

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'New law needed' after collapse of care home neglect case

5 June 2013

'New law needed' after collapse of care home neglect case

'New law needed' after collapse of care home neglect case

A silhouette image of a woman passing a cup of tea to an elderly lady.Just 170 prosecutions for wilful neglect of the elderly were brought last year.

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The collapse of Britain's biggest investigation into elderly care home neglect has prompted calls for a reform of the law.
Former care minister, Paul Burstow wants a new offence of corporate neglect to make it easier to hold those running bad care homes to account.
He is to table an amendment to the government's Care Bill which is currently going through parliament.
Care Minister Norman Lamb says he is considering the issue.
Mr Burstow - who stepped down in last September's reshuffle - said he was determined to ensure the government created the new law following the end of Operation Jasmine.

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Paul Burstow
We need companies that provide care to realise it's not just about their profits. It's ultimately about the dignity of the people they are looking after”
Paul BurstowMP
Police launched the operation seven-and-a-half years ago following concerns over the death of more than 60 care home residents in six homes in Wales. The investigation by Gwent Police cost £11.6 million and amassed more than 12 tonnes of evidence.
Among the alleged victims were elderly people who became severely malnourished or dehydrated, or who died because of infected pressure sores.
But despite exhaustive inquiries, the CPS said there was not enough evidence to charge key figures - including one of the care home owners Dr Prana Das - with gross negligence manslaughter or wilful neglect.
Later attempts to bring the care home boss to trial for lesser charges under health and safety legislation failed in March when he was deemed unfit to stand trial after suffering head injuries in a burglary.
Mr Burstow said that under the current legal framework often the only option left open to police was to try to prosecute individual carers with wilful neglect. He argues that a new law should be introduced to make it easier for police to hold owners to account instead.
He said: "We need a new criminal offence of corporate neglect which should take its lesson from the legislation on corporate manslaughter.
"We also need companies that provide care to realise it's not just about their profits, but it's ultimately about the dignity of the people they are looking after."

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An elderly lady's hand on a walking stick.
Listen to the full report on File on 4 on BBC Radio 4 on Tuesday, 4 June at 20:00 BST and Sunday, 9 June at 17:00 BST.
The call is being backed by Labour MP for Blaenau Gwent, Nick Smith who recently challenged David Cameron to ensure the law in this area was fit-for-purpose.
The BBC asked care minister Norman Lamb whether he would consider creating a law of corporate neglect.
In a statement, Mr Lamb said he was considering the issue - but stopped short of agreeing to a change in the criminal law.
"When I first took on this job in September, I identified a clear gap in the regulatory framework - one which I'm determined will be addressed.
"This summer, we will announce proposals to address the gap in the law on effective corporate accountability," he said.
Figures seen by Radio 4's File on 4 programme show that while English social services investigated more than 25,000 allegations of elderly neglect last year, just 170 criminal prosecutions for neglect were brought before the courts.
The Care Bill had its second reading in the House of Lords in May.
Listen to the full report on File on 4 on BBC Radio 4 on Tuesday, 4 June at 20:00 GMT and Sunday, 9 June at 17:00 BST. Listen again via the Radio 4 website or the File on 4 download.

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