Home > Legal Opinions tagged Social Care

  • 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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  • might mandatory reporting overwhelm social services departments?

    Kate Bear

    There have been recent calls to introduce the mandatory reporting of suspicions of child abuse. How this would be enforced is another matter. The call is for ‘reasonable’ suspicions of child abuse to be reported. Social workers are already under an obligation to report suspicions of child abuse and other professionals are not necessarily equipped […]

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  • not all mesothelioma claims result in a payment

    Bridget Tatham

    The case of Macarthy v Marks & Spencer is a timely reminder that not all mesothelioma claims result in a payment. The deceased worked for a shop fitting company between 1967 and 1990 and contracted mesothelioma. It was accepted that his asbestos exposure took place on the premises of M&S but that it did not […]

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  • BA child abuse claims shines spotlight on vicarious liability

    Ceri-Sian Williams

    British Airways (BA) is being sued over allegations that a pilot abused children on stopovers in Africa. He allegedly used his involvement in BA’s community relations work to visit schools and orphanages which received donations from the airline. Recent sexual abuse cases have chipped away at the test for vicarious liability. We now look for […]

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  • franchising – assessing ‘good faith’ and ‘protected business’ rights

    Gordon Monaghan

    In the recent case of Carewatch Care Services Ltd v Focus Caring Services Ltd & Ors the High Court granted the claimant franchisor injunctive relief to enforce restrictive covenants and the ‘step-in’ provisions under a franchise agreement. This was despite arguments put forward by the defendant franchisee that the franchisor had breached an implied obligation […]

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  • let's talk about FGM

    Hayley Roberts

    A new package of compulsory training for teachers, doctors and social workers is to be unveiled by Nick Clegg later this week to tackle the issue of female genital mutilation (FGM). Around 66,000 girls are estimated to have undergone FGM since 2003, but in the last eleven years, only one person has been prosecuted under […]

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  • another public inquiry on child abuse

    Sarah Erwin-Jones

    The Home Secretary’s announcement that she has asked the head of the NSPCC to lead a review of historical child sex abuse allegations will be welcomed by many. Others may question what specifically the terms of reference will be, and how much it will cost. If it stays focussed, then the two keys issues according […]

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  • two ticking clocks and S.33 Limitation Act

    Bridget Tatham

    The recent Court of Appeal decision of Malone v Relyon Heating Engineering Ltd has given renewed life to limitation defences, particularly in latent disease claims. The court allowed the defendant’s appeal against the first instance decision extending the limitation period under s.33 Limitation Act. The claimant in Malone accepted that he had constructive knowledge of […]

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  • proposed limits to delegation of child social care functions to no...

    Joanne Pruden

    Amended draft regulations (going before Parliament over the summer) limit the extent that children’s social care functions can be delegated so local authorities (LAs) can only delegate to non-profit-making organisations. The proposed amendment responds to a DfE consultation which highlighted concerns including the fact that LAs may be motivated (even if by budgetary necessity) by […]

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