THE UK legal system is failing older people and perpetuating abuse, neglect and crimes against older people, according to the Older People’s Commissioner for Wales, Sarah Rochira.

The Commissioner is calling for the law to be changed to make it easier to prosecute those who abuse or neglect older people, or those who allow abuse or neglect to occur, such as managers and health and social care providers.

Speaking on Elder Abuse Awareness Day, Older People’s Commissioner, Sarah Rochira, said: “There have been a number of truly horrifying cases of abuse and neglect in Wales where, despite extensive investigations and evidence of significant concern, there has been a total failure to bring criminal charges.

“A key question needs to be asked of our justice system – just how bad does care, abuse or neglect have to be before it is considered criminal.

“As it stands, the law simply does not offer sufficient protection for older people who are the victims of substandard care, abuse or neglect, nor does it provide a suitable deterrent to those who deliver substandard care or to those who abuse or neglect older people. This is something that needs to change urgently.”

The Commissioner also has serious concerns that the number of convictions for crimes against older people is proportionately lower compared with the population as a whole, with only around 1 per cent of the crimes recorded against older people leading to convictions. For all UK crime, this figure is around 19 per cent.

She has written to Justice Secretary Michael Gove and to the Director of Public Prosecutions, Alison Saunders, to raise her concerns about the current gaps in the law and will work with legal experts from across Wales during the summer to identify specific issues that must be addressed by the Ministry of Justice to ensure that the UK justice system does not continue to fail older people.

The commissioner added: “The shockingly low prosecution and conviction rates for crimes against older people tell us that either the evidential test currently used by the CPS is not fit for purpose, that there is a lack of willingness to prosecute for crimes against older people, or that the law itself is not sufficient.

“A person’s age cannot be allowed to be a defining factor in whether or not they have the support and protection of the justice system and the clear inequality that currently exists within this system must be addressed as a matter of priority.”