Archive for the ‘Social Care’ Category
Tuesday, June 4th, 2013
Yesterday the Legal Government Ombudsman (LGO) recommended that a County Council pay a 16 year old £3,000 to be used in conjunction with its leaving care team to promote his independent living.
He’d been abandoned by his parents and after refusing a voluntary foster placement or B & B offered by the Council he “sofa-surfed” with friends. The LGO’s criticism was that there was no evidence he had been “counselled” or given appropriate reading material as to the benefits of becoming a looked after child at his age. He would have benefited at the time from the support of a social worker and the associated resources that would bring.
An informal non-permanent arrangement with a friend’s family, subsidised by the Council, was regarded as insufficient.
If this means social workers now have to try to persuade sofa-surfers to become looked after, that’s going to have a heck of an impact on stretched leaving care services.
Posted by Sarah Erwin-Jones, who specialises in social services, the care sector, education and negotiating legal costs; advises on risk management issues including data protection matters.
Sarah Erwin-Jones
0115 976 6136
sarah.erwin@brownejacobson.com
Tags: abandonment, care leavers, child neglect, children's services, Claims, Complaints Social workers, LGO, PL, Social Care, sofa surfers, statutory duty
Posted in Charities, employer/public liability, Employers & Public Liability, Insurance, Local Authorities, Social Care | No Comments »
Wednesday, May 15th, 2013
A Serious Case Review (SCR) is to take place following the conviction of seven members of a paedophile ring yesterday.
It will look at the actions of all the agencies involved. Cases like this often seem to end up with public agencies being held to account, in circumstances where it is difficult for local authorities to defend themselves. They cannot, after all, release confidential information about young people. In this case the council has sensibly released what information it can, and has explained the limits on what they are able to do to help young people and their parents and carers to avoid risk taking behaviour.
We can confidently expect the SCR will identify some lessons that the various agencies can learn. Sadly there is a good chance that some or all of the agencies involved may face claims in reliance on those findings.
Posted by Sarah Erwin-Jones, who specialises in social services, the care sector, education and negotiating legal costs; advises on risk management issues including data protection matters.
Sarah Erwin-Jones
0115 976 6136
serwin@brownejacobson.com
Tags: child abuse, compensation claims, grooming of children, liability, Oxfordshire, paedophile ring, Sarah Erwin-Jones, SCR, serious case review, Social Care, trafficking
Posted in Charities, Data Protection, employer/public liability, Health, Insurance, Litigation, Local Authorities, NHS, Social Care | No Comments »
Monday, May 13th, 2013
In MN and KN v London Borough of Hackney, Mr Justice Leggatt held, obiter, that the case of KA was wrongly decided. Dismissing a challenge to a section 17 assessment, the judge held that social workers had been entitled to find that an overstaying family who had failed to provide information about their whereabouts for the previous decade were not destitute.
The judge found that an authority did not have power to provide section 17 support unless and until they were satisfied that a family were destitute, and that such decisions could only be challenged on grounds of irrationality or failure to carry out a proper investigation.
This will provide comfort to social workers struggling to assess families who are reluctant to provide background information. The judgment sets out a two stage approach to human rights assessments that social workers will find useful. Obiter, the judge held that the recent case of KA had been wrongly decided. Local authorities will hope that the Court of Appeal will share that view.
Posted by Ros Foster, who specialises in all aspects of public, administrative and local government law including judicial review, vires and FOIA/DPA.
Ros Foster
020 7337 1015
ros.foster@brownejacobson.com
Tags: High Court, human rights, KA, MN and KN v London Borough of Hackney, R (on the application of) v Essex County Council, Ros Foster, social services, social workers
Posted in Local Authorities, Public Sector, Social Care | No Comments »
Friday, May 10th, 2013
Yesterday saw Barrister Barbara Hewson make some pretty controversial remarks. These have been widely quoted, and commented upon – usually with abhorrence. The response to her article was entirely predictable but also shows that as matters currently stand, this is not an arena in which it is helpful to make sweeping generalisations.
Our own experience is that when handling allegations and claims it really is necessary to descend to the individual facts of every case before forming any views. This will include the relative age of the child and alleged abuser, the nature of the relationship and the power dynamic between them, and the maturity of the young person in question. Making broad unspecific judgements about whether or not old men are being “scapegoated” while an investigation is ongoing is simply not, in my view, appropriate. These really are cases where the specific experience and memories of those involved merit individual attention.
Posted by Sarah Erwin-Jones, who specialises in social services, the care sector, education and negotiating legal costs; advises on risk management issues including data protection matters.
Sarah Erwin-Jones
0115 976 6136
serwin@brownejacobson.com
Tags: age of consent, Barbrara Hewson, child abuse, Metropolitan Police Force, NSPCC, old men, Sarah Erwin-Jones, Savile, Social Care, spiked, Stuart Hall, Yewtree
Posted in Charities, employer/public liability, Health, Insurance, Litigation, Local Authorities, NHS, Social Care | No Comments »
Thursday, April 18th, 2013
As widely expected, the Department of Health has today confirmed that for the next financial year commissioners will cover property costs shortfalls previously met by Primary Care Trusts (PCTs), arising from things such as voids or subsidised occupiers. However, individual commissioners still don’t know what their actual liability for these costs will be. Allocation figures given in December 2012 have been further ‘refined’ – and commissioners will discover their actual allocations later this month. The new figures are unlikely to be lower.
Occupiers though should not relax and feel it is ‘business as usual’ – subsidised occupancies will be moved to ‘full cost recovery rentals’ as soon as practicable. The guidance rightly warns against inadvertent impact on “financially vulnerable partner organisations”.
The stated aim of the funding arrangements for NHS Property Services Limited (NHSPS) and Community Health Partnerships Limited (CHP) is that they are fair and equitable to both commissioners and occupiers. However, it remains to be seen as to whether these changes may also impact upon service delivery.
Posted by Thomas Howard, who specialises in commercial property with extensive experience of advising health clients on all property related matters and advising commercial clients on site acquisitions and disposals.
Thomas Howard
0121 237 3951
thomas.howard@brownejacobson.com
Tags: Browne Jacobson LLP, CHP, Community Health Partnerships, funding, NHS, nhs property services, NHSPS, property, Tom Howard
Posted in Health, NHS, Property, Social Care | No Comments »
Tuesday, March 12th, 2013
The NSPCC has warned child neglect is not being taken seriously enough by local authorities.
A University of East Anglia report analysed 645 “serious case reviews” and found that of the children who died or were seriously injured, more had been placed on the child protection register for neglect than for physical and sexual abuse combined.
Cases of child neglect can be far more difficult to deal with than abuse cases, where specific incidents can be pointed to justify removal of a child from the home. Local authorities should ensure all front line professionals are given the training needed to spot neglect and ensure children’s files are not closed prematurely when a child’s standard of care is temporarily raised as a result of local authority involvement.
We are seeing an increasing number of ‘failure to remove’ claims where claimants allege they should have been removed from the family home earlier. These claims are expensive to investigate and nearly always require expert social care evidence.
Kate Bear
0115 976 6104
kbear@brownejacobson.com
Tags: child abuse, child neglect, child protection, failure to remove, Kate Bear, NSPCC, serious case review
Posted in employer/public liability, Employers & Public Liability, Insurance, Litigation, Local Authorities, Public Sector, Social Care | No Comments »
Thursday, March 7th, 2013
In Goodman v Faber Prest Steel (2013) it was found that the trial judge had erred in accepting the claimant’s evidence without dealing with the contradictory medical records – and explaining why his evidence was preferred.
The claimant had visited his GP about unrelated matters but did not complain about certain injuries until a number of months later and during cross-examination, he was unable to explain this delay.
While the claimant’s demeanour in court was an important factor, even this posed difficulties for the most experienced judge who should look at all evidence to see what supports or undermines a witness. Contemporaneous documents provide a valuable guide to the truth. The judge had been aware of the medical records but the claimant’s evidence had not been tested against them.
This is an interesting decision that could be useful when reminding the court of it’s obligations to look behind the claimant – especially where you suspect that he may not be giving a fully accurate account!
Posted by Jonathan Cook, who specialises in defendant public liability work including employers’, occupiers’ and highways liability cases from initial instruction to trial. Including small claims, fast and multi track work.
Jonathan Cook
0115 976 6150
jcook@brownejacobson.com
Tags: claimant's evidence, Court of Appeal, Jonothan Cook, Michael Goodman v Faber Prest Steel (2013)
Posted in employer/public liability, Food & drink, Fraud, Government, Health, Health & Safety, In-house Lawyers, Insurance, Litigation, Local Authorities, NHS, Professional Indemnity, Public Sector, Social Care, Sport | No Comments »
Wednesday, March 6th, 2013
There were 4,600 children waiting to be adopted in March 2012. Babies are easy enough to place. Older children, who have been damaged by poor parenting or who present complex needs and disabilities, are more difficult to find good homes for. Unsurprisingly there is a national shortage of adopters.
On the one hand councils are being urged to speed up adoptions from an average of 21 months. On the other, it is recognised that adopted children may have behavioural problems which do not manifest themselves until some time after the adoption has taken place. The Lords Committee on Adoption is recommending a statutory duty on adoption service bodies to provide post-adoption support.
Whatever the outcome of these discussions, the duties owed by local authorities to children and their carers will only be widened in the short term, and litigation will follow. It is essential that social workers record their decision making in relation to each child to head claims off at the pass.
Posted by Sarah Erwin-Jones, who specialises in social services, the care sector, education and negotiating legal costs; advises on risk management issues including data protection matters.
Sarah Erwin-Jones
0115 976 6136
serwin@brownejacobson.com
Tags: adoption, child abuse, children's services, Sarah Erwin-Jones, social workers, statutory duty
Posted in Charities, Employers & Public Liability, Insurance, Social Care | No Comments »
Wednesday, March 6th, 2013
When I first started dealing with child abuse group litigation in the late 1990s our perception was that police investigations were inefficient. They seemed to interview hundreds of people, charge tens of people, get eight or nine to trial, and secure convictions or guilty pleas in three of four cases. This ‘trawl’ style of investigation always run the risk of picking up false or exaggerated allegations.
That process also cost a huge amount of money. Since then we’ve seen police adopt a more cautious approach, which is usually less demanding of resources, and focussed on gathering well tested evidence that is likely to secure a conviction.
The DPP now thinks they have been “overcautious” in the Jimmy Savile investigation. New guidelines for police and prosecutors will be drawn up. The draft policy is expected for consultation in May. Since it will have implications for all organisations that work with children, we will be urging our clients to consider contributing to the consultation.
Posted by Sarah Erwin-Jones, who specialises in social services, the care sector, education and negotiating legal costs; advises on risk management issues including data protection matters.
Sarah Erwin-Jones
0115 976 6136
serwin@brownejacobson.com
Tags: child abuse, children's services, consultation, Director of Public Prosecutions, DPP, employers liability, Jimmy Savile, Keir Starmer, Pendulum, police investigations, Sarah Erwin-Jones, Social Care, vicarious liability
Posted in Charities, employer/public liability, Employers & Public Liability, Insurance, Local Authorities, Social Care | No Comments »
Thursday, February 28th, 2013
The Government has confirmed its plans to reform procedure and costs for fast track injury claims.
Rejecting the (diametrically opposed) views of claimants and defendants, it has confirmed it will implement the fixed costs regime proposed in its November 2012 consultation, and that these will be in place for the vast majority of fast track injury claims arising from accidents after July.
The expansion of the pre action protocol for low value injury claims will also take place in July, while fixed costs for an RTA claim settled under the current protocol will fall from £1,200 to £500 for all claims notified after the end of April.
With the APIL judicial review of the decision to reduce fixed costs to be heard this Friday, the Government has taken a bold step in pressing on with reforms in such a short timeframe. The question now is whether it can stick to the deadline that has been set.
Posted by James Arrowsmith, who specialises in high value personal injury claims, extensive experience of claims relating to head injuries and serious bodily injury, psychiatric damage and injuries to children.
James Arrowsmith
0121 237 3981
jarrowsmith@brownejacobson.com
Tags: fast track, fast track fixed costs, fixed costs, Jackson reforms, james arrowsmith, MOJ, portal extension, RTA Portal
Posted in employer/public liability, Employers & Public Liability, Employment, Health & Safety, Insurance, Litigation, Local Authorities, Social Care | No Comments »
Friday, February 22nd, 2013
Media stories suggesting high-cost cases are to escape new management rules do not depict a true picture.
Costs management is a crucial part of the Jackson reforms. It is suggested that the civil procedure rules will not apply to commercial cases worth more than £2 million and will be exempt from costs management.
The costs Budgeting Direction amending the new CPR 3.12(1) issued by the President of the Queens Bench Division Sir John Thomas, notes that cost management will be used in all cases except where there is good reason not do so.
Although headlines may suggest otherwise, it is likely that costs management will be the norm post-April and should always be considered, even when exceptions are carved out. Anyone who thinks differently may be in for a shock.
Posted by Nichola Evans, who specialises in commercial dispute resolution, litigation funding issues including ATE insurance and third party funding; experienced litigator on high value complex litigation claims.
Nichola Evans
0161 242 1306
nevans@brownejacobson.com
Tags: civil procedure rules, costs management, CPR, Jackson reforms, Nichola Evans
Posted in Commercial dispute resolution, Commercial Litigation, employer/public liability, Employers & Public Liability, Health, In-house Lawyers, Insurance, Litigation, Local Authorities, NHS, Professional Indemnity, Public Sector, Social Care | No Comments »
Friday, February 15th, 2013
Well after all the waiting the new Rules are now available on the legislation website.
We now have the details on qualified one-way costs shifting (QOCS) in the new Part 44. There are new rules encouraging parties to look at settlement under Part 36 with new additional payments payable in appropriate circumstances. The detail is there on cost management with some amendments to the previous draft and a new section on cost capping. There are some new, interesting developments on case management generally with the judges taking a much more pro-active role and with far less scope for parties in default of orders to gain relief from sanction. Parties to litigation will be expected to scope out disclosure far more carefully. And we have new rules on proportionality which place further restrictions on the recovery of costs. We now await the Practice Directions for a little more detail…
Posted by Nichola Evans, who specialises in commercial dispute resolution, litigation funding issues including ATE insurance and third party funding; experienced litigator on high value complex litigation claims.
Nichola Evans
0161 242 1306
nevans@brownejacobson.com
Tags: civil procedure rules, CPR, Nichola Evans
Posted in Commercial dispute resolution, Commercial Litigation, employer/public liability, Employers & Public Liability, Health, In-house Lawyers, Insurance, Litigation, Local Authorities, NHS, Professional Indemnity, Public Sector, Social Care | No Comments »
Wednesday, February 13th, 2013
The Government has announced outline plans for how we will pay for the care we might need when we get old. This is a long overdue grasping of a very prominent nettle so any progress is welcome.
Inevitably the new system will be very complicated. The £75,000 cap only covers “eligible needs”, and that needs to be defined. There will also be a national minimal eligibility threshold (to lessen the current postcode lottery); financial assessments to see if you qualify for state support; and if you are paying yourself, the system will carry out its own valuation of the care you need, and then use that valuation to monitor your progression towards the cap. Quite a challenge for a vulnerable group of people.
In all probability very few people will actually reach the cap. The hope is that greater cost certainty will encourage new financial products which, if taken up widely, will provide security and peace of mind at a reasonable cost for many.
Posted by Chris Webb-Jenkins, who specialises in defending claims against education and care providers and their insurers; risk management, stress, information management and child protection issues.
Chris Webb-Jenkins
0115 976 6175
cwebbjenkins@brownejacobson.com
Tags: Chris Webb-Jenkins, Dilnot, Social Care, £75000 cap
Posted in Health, Local Authorities, NHS, Public Sector, Social Care, Social Housing | No Comments »
Wednesday, February 13th, 2013
Two claimant groups have applied for a judicial review to prevent the extension of the proposed RTA portal scheme. The Government is keen to fast track this process so that a quick decision is likely to be made.
Whether these groups are successful or not remains to be seen, but what is clear is that either way, the matter is going to be dealt with swiftly through the courts. Even with a shortened timescale for the judicial review, this means that any date for the introduction of fixed fees is put back and quite significantly, possibly as far as 2014. It also remains to be seen if further research is needed as to the level at which the costs ought to be set which could put the timetable back even further.
It will then of course be a question whether the IT will then be in place to support the changes. But that of course is another discussion!
Watch this space for developments…
Posted by Jonathan Cook, who specialises in defendant public liability work including employers’, occupiers’ and highways liability cases from initial instruction to trial. Including small claims, fast and multi track work.
Jonathan Cook
0115 976 6150
jcook@brownejacobson.com
Tags: Jonothan Cook, judicial review, RTA Portal
Posted in Charities, employer/public liability, Employers & Public Liability, Employment, Food & drink, Fraud, Government, Health, Health & Safety, In-house Lawyers, Insurance, Litigation, Local Authorities, NHS, Professional Indemnity, Public Sector, Social Care, Sport | No Comments »
Tuesday, February 12th, 2013
The Government has today published a further consultation in relation to the Discount Rate used in the calculation of damages for future losses in personal injury claims.
Claimant groups have been pressing hard for a review of the rate, arguing that damages awards need to be more generous. However, though this is the Government’s second consultation on the subject, a revised rate still appears a long way off.
Rather than dealing with the question of what the rate should be, the paper asks about the legal and statistical basis on which a rate (or rates) should be set, and whether greater use of Periodical Payments may be a more appropriate way to achieve 100% compensation.
The consultation is here and closes on 7 May. If the rate is to change then it seems further work will be required after that date to establish at what level the rate should be set.
Posted by James Arrowsmith, who specialises in high value personal injury claims, extensive experience of claims relating to head injuries and serious bodily injury, psychiatric damage and injuries to children.
James Arrowsmith
0121 237 3981
jarrowsmith@brownejacobson.com
Tags: consultations, damages, Discount Rate, Government consultation, james arrowsmith, Ogden tables
Posted in employer/public liability, Government, Insurance, Litigation, Local Authorities, Social Care | No Comments »
Monday, February 4th, 2013
The Child Exploitation and Online Protection Centre have reported a growth in the sexual abuse of children online. Only 7% of the 1,145 online abuse cases reported to CEOP involved attempts to meet a child; a five percent drop since 2011. Instead the new trend is to contact, groom and abuse solely online.
Children can be faced with threats and blackmail if they refuse to partake in online sexual activity. Pictures and/or video footage of sexual abuse may be shared among paedophile networks which can have a devastating effect on victims and their families.
The recent high profile case of the Kuwaiti brothers demonstrates the need to continually highlight the risks of online grooming and sexual abuse. Education providers have an important role to play by developing and monitoring e-safety policies, ensuring both parents and pupils are educated on e-safety and the preventative measures they can take and who they can turn to for advice.
Posted by Hayley Roberts, who specialises in education law advice to schools and academies, including advice on teaching schools, collaboration models and partnership structures, school companies, and a wide range of pastoral issues.
Hayley Roberts
0121 237 3994
hroberts@brownejacobson.com
Tags: child education, child protection, childrens social care, grooming of children, Hayley Roberts
Posted in Education, Social Care | No Comments »
Thursday, December 13th, 2012
Are volunteers protected against discrimination when asked to cease acting as a volunteer? The Supreme Court says not.
An HIV positive volunteer advisor brought a claim for disability discrimination when she was asked to cease acting as a volunteer.
At her interview she was told there would be no binding legal contract between her and the Citizens Advice Bureau (CAB). This was confirmed by her signature of a volunteer agreement headed, “This agreement is binding in honour only and is not a contract of employment or legally binding.” Whilst she had indicated her availability to volunteer 3 days a week, due to health problems, she was absent for 20-30% of the proposed times. No objection was taken to this by the CAB.
The Court found she did not have a contract of service and could not fall within the scope of the Disability Discrimination Act 1995 for the purposes of her claim.
This decision is a reminder of the importance of ensuring that volunteer agreements as well as what happens in practice on a daily basis, does not create an employment relationship.
Posted by Helen Taylor, who specialises in employment law , including drafting of employment contracts, policies and procedures, advising on unfair dismissal, redundancy, reorganisations, TUPE, discrimination and compromise agreements; immigration.
Helen Taylor
0115 908 4897
htaylor@brownejacobson.com
Tags: employment, helen taylor, local authorities, volunteers
Posted in Employment, Health, Local Authorities, NHS, Social Care | No Comments »
Friday, December 7th, 2012
The Law Society has written to Chris Grayling, Justice Secretary, urging delay to implementation of the civil justice reforms planned for April 2013, describing current plans as a “recipe for chaos”.
Four months from the implementation date, work is still ongoing on many of the regulations and rules required to bring the new regime into effect. The Law Society suggest this creates level of uncertainty that affects the ability of lawyers to advise their clients, generates a risk of satellite litigation, and damages solicitors’ ability to plan for their business.
This hasn’t prevented players like Quindells and Thompsons from pressing ahead with the creation of legal services alternative business structures, in preparation for the post-reform market.
To date, the Government has stuck by its April implementation date, but with many issues to be resolved and the threat of Judicial Review by APIL on some aspects of the reforms, pressure to delay at least parts of the package is mounting.
Posted by James Arrowsmith, who specialises in high value personal injury claims, extensive experience of claims relating to head injuries and serious bodily injury, psychiatric damage and injuries to children.
James Arrowsmith
0121 237 3981
jarrowsmith@brownejacobson.com
Tags: Civil Procedure, jackson, Jackson reforms, james arrowsmith, Ministry of Justice, MOJ
Posted in Commercial dispute resolution, employer/public liability, Health, Insurance, Intellectual Property, Litigation, Local Authorities, NHS, Public Sector, Social Care | No Comments »
Wednesday, November 21st, 2012
Today we have another Supreme Court Judgment on vicarious liabilityThis Appeal concerned whether a Catholic Institute could be vicariously liable for the abusive actions of its lay brothers, employed at a school by a third party.
The Court held that there were two stages to consider: first whether the relationship between the abuser and the defendant was capable of giving rise to vicarious liability; and secondly the connection that linked the relationship between them and the wrongful conduct.
In a refreshingly straightforward judgment it found that the Institute was vicariously liable for the alleged acts of abuse committed by its brothers. The effect was that both the managers of the school and the institute were BOTH vicariously liable for the alleged abuse.
Much has been made in the past about the possibility of this extending the principal of vicarious liability to cover foster placements. My view is that this judgment will do nothing to dampen those fires. Fostering and Adoption Agencies beware!
Posted by Sarah Erwin-Jones, who specialises in social services, the care sector, education and negotiating legal costs; advises on risk management issues including data protection matters.
Sarah Erwin-Jones
0115 976 6136
serwin@brownejacobson.com
Tags: child abuse, children's services, employers liability, Foster care, Fostering and Adoption Agencies, Jimmy Savile, Sarah Erwin-Jones, Social Care, vicarious liability
Posted in Charities, employer/public liability, Insurance, Local Authorities, Social Care | No Comments »
Monday, November 5th, 2012
A claimant has recovered £193,543 against her convicted grandfather for serious sexual abuse in the as yet unreported case of GLB v TH ( 31.10.12)
The claimant alleged that sexual abuse took place between the ages of 10 and 16. Although there was a continuing effect the claimant was able to work, and with treatment the prognosis was good. In that context, the award seems high and might alarm defendants and their insurers.
She was awarded £67,500 for Pain Suffering and Loss of Amenity . Even given the extreme breach of trust, the length of time the abuse took place and the nature of the abuse, this is a lot. The JSB guidelines suggest general damages for cases of this nature range from £13,650 to £39,150
The judgment needs taking seriously by industries that might face similar claims, and their insurers, but also with a pinch of salt . After all, the Defendant Grandfather took no part in the litigation and was unrepresented at the assessment of damages hearing.
Posted by Sarah Erwin-Jones, who specialises in social services, the care sector, education and negotiating legal costs; advises on risk management issues including data protection matters.
Sarah Erwin-Jones
0115 976 6136
serwin@brownejacobson.com
Tags: damages, Sarah Erwin-Jones, sexual abuse
Posted in Employers & Public Liability, Litigation, Local Authorities, Public Sector, Social Care | No Comments »
