Catch up on this year’s social care forum where we discussed developments on liability for friends and family foster placements, lessons learned from pursuing recoveries from abusers in child sex abuse cases and also the impact of the ABI Code of Practice for responding to civil claims for child sexual abuse following recommendations of the IICSA.
This online event took place on 29 September 2021 and is now available on-demand. The content in this recording was correct as of the original webinar date.
It has been a busy year for those involved in working with children and young people, and those dealing with the risks and claims arising as a consequence. For practitioners, and managers many of whom are working from home, there have also been legal and cultural developments that will have a significant impact on the way in which both services need to be run and claims handled in the future – these will require difficult nuanced decisions to be made by senior social care managers both in the private and public sector, and require their engagement at a much earlier stage than might otherwise be the case.
Our team are delighted to invite you to catch up on this year’s social care forum where we discussed:
This video is aimed at directors and senior managers of children’s care providers, fostering agencies, Local Authorities, children’s charities, senior claims handlers and their insurers.
This abbreviated online learning is an opportunity for you to hear from 3 of our stable of experienced social care lawyers working at the cutting edge of child sexual abuse litigation and safeguarding law. It is intended that those attending will be able to use materials and information shared to improve the practiced development of colleagues and the service you deliver to your client groups now.
Sarah specialises in social services, the care sector and legal costs along with education.
Sarah.Erwin-Jones@brownejacobson.com
+44 (0)115 976 6136
Cynthia is a partner in our national social care and abuse team and has 30 years’ experience in the defence of civil claims brought against public sector bodies, including the NHS, local authorities, and the police, as well as private sector bodies and their insurers.
cynthia.watts@brownejacobson.com
+44 (0)330 045 2727
Partner
Sarah.Erwin-Jones@brownejacobson.com
+44 (0)115 976 6136
In ‘failure to remove’ claims, the claimant alleges abuse in the family home and asserts that the local authority should have known about the abuse and/or that they should have removed the claimant from the family home and into care earlier.
Across the UK, homelessness is an urgent crisis, and one that is set to grow amid the rising cost of living. Local authorities are at the forefront of responding to this crisis, but with a lack of properties that are suitable for social housing across the UK, vulnerable individuals and families are often housed in temporary accommodation.
The Chancellor’s recent mini-budget provided a significant announcement for business as it was confirmed that the off-payroll working rules (known as “IR35”) put in place for public and private sector businesses from 2017 and 2021 will be scrapped from April 2023.
On 31 August 2022, the Court of Appeal handed down the Judgment in respect of the appeal case of HXA v Surrey County Council and YXA v Wolverhampton City Council [2022].
Deprivation of Liberty Safeguards was due to transition to Liberty Protection Safeguards in October 2020 but delayed due to the pandemic. While the public consultation has now closed and we’re still unclear of what the final legislation and code will look like, it’s worth noting and keeping a watching brief.
The use of social media platforms and applications can have overwhelmingly positive benefits for public bodies. However, regulatory action recently taken by the Information Commissioner, has highlighted various pitfalls that public bodies should seek to avoid if allowing staff to use social media as a communication tool.
Our immediate future shows a renewed focus on foster care. We’re going to see a new nationwide-drive to recruit foster carers and the implementation of a more robust, and potentially financially-generous system for encouraging friends and family to care for their relatives (both when extended families cannot cope or provide care for any reason).
In this month’s decision of CJ & Ors v Chief Constable of Wiltshire Police the court was given the task of considering whether a sexual abuse action, brought under the Human Rights Act 1998 should be allowed to proceed to trial where the claim had been brought outside the one-year period prescribed by the Act.
This summer saw the publication of a report describing itself as a ‘once in a generation’ opportunity to reset children social care. Based on the current trajectory, the report concluded that 100,000 children would be held in care in the next decade.
As has been widely reported this week, some 3,000 UK workers are taking part in a six month trial to assess the viability of a four-day working week without any reduction in their normal pay.
The independent review of children’s social care published its report yesterday. The report recognises that a conventional response of ‘top down’ rules is not likely to be fruitful, but it also identifies that many local systems do not have the robustness or resource to take on the full burden of reform.
Residents of care homes are particularly vulnerable members of our society, with higher risks of incidents and fatal injuries, which unfortunately can be as a result of suffering ill-treatment. Courts can be faced with the difficult task of determining whether the treatment amounts to a breach of the individual’s rights.
Whilst Schools and Academies exist to educate and inspire young people, their primary obligation is their protection. Keeping Children Safe in Education (“KCSIE”) is at the heart of everything that educational institutions do and impacts on every decision, however big or small.
From 6 April 2022, right to work checks on all migrant or settled prospective employees must be online and checks on British or Irish nationals will be manual (free) or digital (charged for).
This webinar looks at the three key themes in the decision, and is aimed at sports & social clubs (including safeguarding officers).
The long-awaited draft Mental Capacity Act Code of Practice, including the Liberty Protection Safeguards (“LPS”), has landed.
Since 11 November 2021, workers in regulated care homes in England have been required to be vaccinated against Covid-19, unless they are exempt in accordance with the Health and Social Care Act 2008.
Browne Jacobson has strengthened its independent health & social care team with the addition of corporate finance lawyer Vicky Tomlinson.
Our speakers looked at Child Safeguarding in childcare proceedings.
The Supreme Court has granted permission to appeal the decision of the Court of Appeal in the case of Jacqueline Maguire v HM Senior Coroner for Blackpool and Fylde in which the Coroner ruled that Article 2 of the European Convention on Human Rights (the right to life) was not engaged.
The already delayed Liberty Protection Safeguards (LPS) implementation date was recently moved from April 2022 to an “unspecified date” in the future.
Watch now on-demand our Child Abuse & Social Care Forum.
There are various minor updates to the 2021 Keeping Children Safe in Education (KCSiE) guidance and three main changes that you need to be aware of.
The Department for Education published the draft 2022 version of Keeping Children Safe in Education. A few changes caught the eye and the one that most of us in education are discussing relates to a new set of text that suggested checking the online presence of job applicants.
The Government’s White Paper Joining up care for people, places and population is its second within (just) under a year about health and care integration following its first one Integration and Innovation: working together to improve health and social care for all.
2021 saw the combination of two challenges. The first was a general under-supply of workers in the health and care sector. The second involved greatly increased and often unpredictable levels of staff absence, through illness or ‘close contact’ isolation.
The Liberty Protection Safeguards (LPS) will be used to authorise the proportionate and necessary deprivation of liberty for people aged 16 and above who lack the mental capacity to consent to their care arrangements.
The Tribunal considered whether a care home worker was unfairly dismissed following her refusal to be vaccinated against Covid-19. It is important to note the Claimant’s dismissal pre-dated the compulsory vaccination regulations in force from November 2021.
The High Court has considered the application of the Human Right Act to local authorities in cases where they are carrying out their statutory child protection functions after dismissing the latest ‘failure to remove’ claim against two local authorities.
Following the Supreme Court decision in CN & GN -v- Poole Borough Council [2019] and other subsequent cases, it is now established law that the mere fact that various steps are taken by local authorities in the discharge of its child protection functions is not enough to give rise to an assumption of responsibility.
We were delighted to be joined by Dr Nigel Sturrock, Regional Medical Director for the Midlands at NHS England and NHS Improvement. He gave an overview of the pressures placed on the NHS by the pandemic, including the impact on urgent and emergency care, elective procedures and staffing.
