In June 2020 the University of Birmingham published a research briefing exploring the impact of the COVID-19 pandemic on child protection practice.
Please note: the information contained in this legal update is correct as of the original date of publication
In June 2020 the University of Birmingham published a research briefing exploring the impact of the COVID-19 pandemic on child protection practice.
It is of interest to us and our clients because we handle so many claims against Local Authorities and their Insurers based on alleged shortcomings in social work practice. Changes in the law mean that these claims may be on the decline, but a number of test cases will have to be heard before there is clarity on that issue. In the meantime we know that claims have, in the past, been successful because records have shown evidence of one or more of the following issues:
This latest report is relevant, because it focuses on the need for social workers to get close to children in order to deliver effective child protection work, and how COVID-19 has compromised that.
In the first three months of this study, conducted across four local authorities, researchers recorded findings about the challenges and often impossibility of achieving social distancing during home visits. They explored with social workers the implications of this for keeping children, families and social care staff from the virus.
Social Workers working with families who were lower risk and had decent access to IT were often able to make “virtual home visits” using video calls. The efficacy of this depended on first a robust risk assessment to ensure that that was sufficient support for each family and second on decent quality smartphones and IT. A preliminary analysis suggests that the poorer IT and smartphone availability the more frequent home visits have to be with increased risk to all those involved.
For children on child protection plans and complex need most social workers continued to visit in person and described social distancing as almost impossible. Practitioners reported small children were too young to understand the need for it – particularly if there was an established relationship between the social worker and each child before lockdown.
Even older children and teenagers were reported not to practice social distancing because many want to be close to their worker and gain comfort from that physical proximity or from being held and experiencing touch.
Similarly many homes, particularly for families living in one or two rooms or emergency simply don’t provide sufficient space for two or even metre distancing to be maintained.
Social workers pointed out they have very little control over the environment, and its often the consistent inadequacy of that environment that leads to a Child Protection Plan being in place.
The report finds that whilst many home visits were calm and congenial, there were an equally large number where chaotic families were being supported because CPPs identify fear of neglect. These are the very families where social workers fear regular hand washing is almost certainly not happening and these are the families where parents are most likely to be volatile and dangerous; presenting a risk both to the social workers visiting them and the children they are trying to protect.
The key risks identified were:
There were some positives, to be read with dash of caution. Throughout, researchers commented on the commitment, innovation and adaptability of social workers and their managers. However, as the report says “viewed systematically…social workers needed to be protected from how their professional ethics may drive them to take excessive risks in being with children”.
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Law firm Browne Jacobson has collaborated with Wiltshire Council and Christ Church Business School on the launch event of The Council Company Best Practice and Innovation Network, a platform which brings together academic experts and senior local authority leaders, allowing them to share best practice in relation to council companies.
Announced in September but scrapped on 17 November the investment zone proposals were very short lived. The proposal has now morphed into the proposal for a smaller number of clustered zones earmarked for investment.
On 2 November 2022, the Supreme Court handed down its judgment in the much awaiting case of Hillside Parks Ltd v Snowdonia National Park Authority [2022] UKSC 30. The Court’s judgment suggests that the long established practice of using drop-in applications is in fact much more restricted than previously thought. This judgment therefore has significant implications for both the developers and local planning authorities.
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.
Updates include UK Shared Prosperity Fund, contracts, Subsidy Control Bill, data controller liability, Government Covid-19 procurement and Highway Code revisions.
Investment zones have been introduced by the Conservative party to get the United Kingdom (UK) ‘working, building and growing’. They are to be designated sites which provide time-limited tax incentives, streamlined planning rules and wider support for local growth to encourage investment and accelerate the development of housing and infrastructure that the UK needs to drive economic growth. Processes and requirements that slow down development will be stripped back with the intention of attracting new investment.
Created at the end of the Brexit transition period, Retained EU Law is a category of domestic law that consists of EU-derived legislation retained in our domestic legal framework by the European Union (Withdrawal) Act 2018. This was never intended to be a permanent arrangement as parliament promised to deal with retained EU law through the Retained EU Law (Revocation and Reform) Bill (the “Bill”).
It is clear that the digital landscape, often termed cyberspace, is a man-made environment, in which human behaviour dominates and where technology both influences and aids our role in it — through the internet, telecoms and networked computer systems, which are often interdependent. The extent to which any organisation is potentially vulnerable to cyber-attack depends on how well these elements are aligned.
Three months on from the commencement of the new statutory Integrated Care Systems (ICS) Anja Beriro and Gerrard Hanratty reflect on the main themes and issues that have come from the new relationship between local government and health.
The Procurement Bill (the Bill) has now been with us for about four months, during which time there have been a huge number of amendments proposed in the House of Lords (circa 320). Lately, there has been less mention of it — unsurprising, really, given everything else going on in politics recently — but here’s a summary of some of the key issues and themes so far.
Browne Jacobson has been named as a supplier on Crown Commercial Service’s (CCS) Public Sector Legal Services Framework on Lot 1a – full-service provision (England and Wales) and Lot 2a – general service provision (England and Wales).
Browne Jacobson has been ranked as a Top Tier law firm in 25 key practice areas in Legal 500 UK 2023, the independent directory of comparative law firm performance. The firm also continues to underpin its status as one of the leading law firms in the East Midlands region with 16 Tier 1 rankings.
Welcome to our September edition of Public Matters, our monthly round-up of legal updates, news and insights for the public sector.
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.
Devolution is the transfer of powers in areas like transport, housing and skills in England and since the Cities and Local Government Devolution Act 2016 has been a much-discussed topic.
In this article we look at local authority companies and whether they are subject to the Freedom of Information Act 2000. And for those that are, what information are they legally obliged to submit.
The Department for Levelling Up, Housing and Communities (DLUHC) has published a consultation on proposals to require Local Government Pension Scheme (LGPS) administering authorities (AAs) in England and Wales to assess, manage and report on climate change risks.
The Department for Education (DfE) have announced that the conversion of Donisthorpe Primary School in Leicestershire on 1st September marked the 10,000th academy conversion.
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].
This month, HM Treasury issued a consultation on Administrative Control Process for Public Sector Exits with draft guidance. They’re proposing to introduce an expanded approvals process for employee exits and special severance payments, and additional reporting requirements. If approved, the proposals will impact public sector bodies and those that do not have a specific right to make exit payments.
