Home > Legal Opinions tagged Social Care

  • is Australia’s child abuse inquiry a blueprint for other countries?

    Sam Lloyd

    Australia launched a Royal Commission into historic allegations of child abuse in September 2013. The commission’s remit was to investigate how schools, churches, non-governmental organisations, and government bodies responded to allegations of abuse. On Monday 27 July 2015 the Commission heard how the Jehovah’s Witnesses Church failed to report over 1,000 alleged perpetrators of child […]

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  • child sexual abuse inquiry could span a decade

    Gemma Clohessy

    Today Justice Lowell Goddard formally opened the independent inquiry into historical child sexual abuse, two years after the inquiry was first announced by Theresa May in February 2014. It is anticipated that the inquiry might be concluded in 2020 but could potentially span a decade. In her opening remarks she acknowledged that the task ahead […]

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  • when is the right time to leave care?

    Laura Broadhead

    The Government’s children’s commissioner has stated that vulnerable young people should be allowed to stay in care until they are 25. She notes that most children do not “wave goodbye” to their parents at the age of 18 and that the position should not be distinct for children in care. In the face of increasing […]

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  • child abuse reports rise by one-third whilst 90% of social workers...

    Sarah Erwin-Jones

    85 cases of child abuse are reported every day in England alone, according to the latest NSPCC report. That is a 38% rise on the previous year. It is to be welcomed that the stigma and shame others have previously felt appear to have less of a dampening effect, but having encouraged victims to come […]

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  • saying sorry – Merlin sets high standard following Alton Towers crash

    Sarah Erwin-Jones

    Merlin Entertainments have to be congratulated on the way in which they have dealt with those injured in last week’s rollercoaster crash. They had the advantage of knowing exactly what had happened to the individuals concerned, how many there were and how communication with their families could best be managed. Those factors are almost never […]

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  • is peer bullying more damaging than abuse?

    Laura Broadhead

    A study out today suggests that childhood bullying may be worse for teen mental health than the effects of abuse. Information was collated from 4,026 children in the UK Avon Longitudinal Study of Parents and Children and from 1,420 children from the Great Smoky Mountain Studies in the USA. It was found that in both […]

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  • 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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Gemma Steele Public Sector copyright Laura Richards Intellectual Property advertising free schools Department for Education Fiona Carter schools teachers academies Browne Jacobson LLP local authorities Court of Appeal Browne Jacobson Dai Durbridge Data Protection insurance personal injury James Arrowsmith Richard Freeth employment adult safeguarding education Nichola Evans Ofsted trade marks Mark Blois child protection Brands Hayley Roberts Sarah Erwin-Jones Social Care Claims litigation Richard Nicholas DfE NHS government