Home > Legal Opinions tagged Social Care

  • beware the group litigation order – there are other cost effective...

    Susie Roome

    Every day brings us more information, and speculation, about child abuse all over the country. Inevitably, closest focus is currently being brought to bear on the alleged Westminster cover up. That largely concerns historic child abuse, but the issue of failure to prevent more recent child sexual exploitation rings still looms large. Yesterday Sussex Police […]

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  • 488 children abused or ‘at risk’ of CSE in the West Midlands

    Daniel Goddard

    A project investigating the extent of sexual exploitation in the West Midlands has concluded that 488 children suffered, or were ‘at risk’ of, sexual exploitation (CSE) in the first six months of 2014. However, it is felt that this number is potentially “a significant underestimate.” The report, led by Stephen Rimmer, found that nearly one […]

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  • historic child abuse allegations – who guards the guardians?

    Sarah Erwin-Jones

    It has been an awfully busy seven days. Last week the Home Secretary confirmed that Justice Goddard’s Inquiry Panel has now been appointed. It has Statutory Powers to compel witnesses. It has just four members; three of whom are lawyers. There will be a separate Survivors and Victims’ Consultative Panel. The terms of reference have […]

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  • Mostyn maligned as Cheshire West anniversary approaches?

    Ben Troke

    Mr Justice Mostyn’s decision in Rochdale MBC v KW and others – that someone not physically or mentally able to leave was not deprived of their liberty – surprised many. In January the Court of Appeal allowed an appeal against his verdict by consent. Mostyn J has now issued another judgment, sticking to his guns […]

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  • outcome on anti-avoidance of exclusivity clauses in zero hours con...

    Helen Taylor

    As a result of concerns that employers could avoid a ban on exclusivity clauses in ZHC (e.g. by offering 1 hour contracts), the Government has announced plans to introduce draft regulations, ensuring that: exclusivity terms are unenforceable unless there is a guaranteed minimum level of income for the worker. It is proposed that the minimum […]

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  • Ofsted report highlights pressure on child protection system

    Richard Hughes

    Children’s services are “creaking under the strain” according to David Simmonds, Chairman of the Local Government Association’s Children and Young People Board. His comments come in response to Ofsted’s Second Annual Social Care Report. The report found that only 10 of 43 children’s services inspected were providing good quality care. Of the remaining 33, 7 […]

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  • what next following Oxfordshire and Rotherham?

    Richard Hughes

    Another serious case review into child sexual exploitation has brought with it further criticisms of social service practice. A review by the Oxfordshire Safeguarding Board has identified over 300 young people, who it believes may have been groomed and exploited by gangs in Oxfordshire between 1999 and 2014. These conclusions echo the findings of the […]

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  • care cap consultation

    Robin Constable

    The Government is consulting on draft regulations and guidance on the cap on care costs due to be introduced on 1 April 2016, and the appeals system to consider whether the cap has been reached. Responses are due by 30 March this year, and the draft guidance contains various questions for consultees to respond to. […]

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  • firms flouting minimum wage named and shamed

    Hayley Prescott

    The government has named a further 70 employers who have failed to pay their workers the National Minimum Wage (NMW), bringing the total named since October 2013 to 162. With ongoing focus on zero hours contracts, a reported further 100 care organisations facing investigation into their alleged failure to pay the NMW and 3 publicly […]

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  • Labour to introduce mandatory reporting of suspected child abuse

    Daniel Goddard

    Shadow Home Secretary Yvette Cooper is to present MPs with an amendment to the Serious Crime Bill today that places a duty on individuals working with children to report suspected abuse. This amendment, if agreed, will result in liability for those who do not adequately report their concerns through the appropriate channels. These proposals come […]

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  • a move in the right direction for child exploitation?

    Daniel Goddard

    A report by the Office of the Children’s Commissioner (OCC), has found that 92% of Local Safeguarding Children Boards have implemented strategies to protect children from sexual exploitation. Concerns, however, remain about the implementation of safeguarding at the ‘frontline’ of practice. The inquiry report sought to identify the failings in practice and “was the most […]

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  • family lawyers competing with PI firms on social workers' negligen...

    Sarah Erwin-Jones

    This week brings us news of a family court approving damages awards to a child, his mother and his grandmother after Mr Justice Keehan identified serious failings over the first 23 months of a child’s life. These led to the unacceptable delay in finding him a permanent placement. The family court approved damages sought as […]

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  • CQC issues care home surveillance guidance

    Carl May-Smith

    The Care Quality Commission has today released guidance for the public on the use of covert surveillance to monitor loved ones’ care. It follows on from similar guidance issued in December 2014 to those providing social care services, in relation to the use of covert and overt surveillance. It sets out the CQC’s position that […]

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  • is Rotherham a one off, or a precursor for things to come?

    Sam Lloyd

    The situation for Rotherham MBC has got progressively worse since Alexis Jay’s report into child sexual exploitation in Rotherham in August 2014. This reached rock bottom this week when Louise Casey’s report was submitted to the House of Commons. The investigation into CSE in Rotherham has already caused several high profile resignations, and further investigations […]

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  • Home Secretary appoints new chair of child abuse inquiry

    Daniel Goddard

    Theresa May yesterday appointed Justice Lowell Goddard QC to chair the inquiry into how public bodies and other non-state institutions exercised their duty of care when protecting children from sexual abuse in previous years. The appointment of Goddard, one of the first females to be appointed a High Court Judge in New Zealand, follows the […]

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  • Child sexual abuse investigations almost impossible to please ever...

    Sarah Erwin-Jones

    Fully investigating a single person’s allegation of child abuse from more than 10 years ago is tough. That person may not get what they want from the process. Those accused of abuse may be innocent. If confidential information is released in the wrong way, or people are defamed – perhaps a result of mistaken identity  […]

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  • more training needed to recognise new forms of child sex abuse

    Sarah Erwin-Jones

    Growth in new technology and social networking has led to new child protection concerns. Research by the NSPCC found an increase in child sex abuse manifesting itself in the form of ‘sexting’ and coercive behaviour online. However, it is not just abuse perpetrated by adults that is a concern. Sexually explicit images exchanged between children […]

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  • child sexual exploitation - the silent victims

    Laura Broadhead

    Child sexual exploitation is fast becoming a phrase that we are accustomed to hearing. More information surrounding the exploitation of nearly 1,400 children in the Yorkshire area appears on an almost daily basis. The latest victim to speak out highlights the difficulties agencies face in exposing exploitation involving Asian victims. How can we protect children […]

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  • Birmingham sets the bar high in sexual exploitation case

    Sarah Erwin-Jones

    This week saw six men banned from contact with young girls after Birmingham City Council persuaded the High Court to use its inherent jurisdiction to grant long term injunctions. These barred each man, not only from approaching a particular girl until she turned 18, but also any female under 18 with whom they were not […]

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  • Savile victim claim investigated for fraud

    Paul Wainwright

    The name Jimmy Savile evokes strong emotion. His abuse of his trusted position has caused far reaching consequences. The victims have found their voice finally, and now pursue their right to be compensated, but in an unusual twist, police have announced they are investigating the claim by Savile’s great-niece for suspected fraud. Detectives have confirmed […]

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