Internationally, a number of investigations and inquiries have unearthed historical sexual abuse by priests. Previously, the focus had been on allegations of abuse against children.
Internationally, a number of investigations and inquiries have unearthed historical sexual abuse by priests. Previously, the focus had been on allegations of abuse against children.
Across the world, Catholic nuns have alleged abuse by clerics. When questioned about this today, Pope Francis told reporters during a tour of the Middle East, that his predecessor, Pope Benedict was forced to shut down an entire congregation of nuns due to abuse by priests.
According to reports this is the first time that Pope Francis has publicly acknowledged the sexual abuse of nuns in the Catholic Church. The Pope was quoted as having said, “It is true ... there have been priests and even bishops who have done this. I think it is still going on because something does not stop just because you have become aware of it.”
“We have been working on this for a long time. We have suspended some priests because of this.”
In the wake of #metoo and the inquiries into child sexual abuse, accusations against abusers from all walks of life are gaining traction.
A letter from the Pope to the Bishops of the United States dated 1 January 2019 reflected that the Catholic Church is committed to avoiding cover-up of abuse. Hopefully, changes are in place which will restore faith and credibility in those who seek comfort from the Catholic Church.
The admission by the Pope and reference to actions undertaken reminds us of the doctrine of vicarious liability and that whilst a priest is not technically an employee of the Church, the relationship between the priest and the organisation is analogous to employment in the conventional sense. With this in mind, there may be a rise in civil claims and criminal complaints against the Catholic Church.
And what of recovery in claims?
It is not known if the Vatican has set up a redress scheme to deal with these issues.
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.
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”).
The majority of people do not feel the need to embellish their CV to get that coveted position and move on up the career ladder. Their worthiness and benefit to the hiring organisation are easily demonstrated through the recruitment process – application, psychometric testing, selection day or interview.
As a result of a recent Charity Commission legal action, the former trustee of a Welsh charity was ordered to pay over £117,000 to Wrexham charities which support cancer patients.
Universities and colleges are not immune from deception by unscrupulous bad actors. The extent to which educational institutions can manage and control risk not only depends on financial management and internal controls, but also the robustness of security and processes which can be exploited from outside the organisation.
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).
When carrying out a mix of activities it can be less clear if it is 'economic'. We look at the impact on local authorities & charities.
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.
Today, (Thursday 16 June) 18 trainee lawyers from Browne Jacobson began the second of three planned “going green” fundraising challenges which focus on driving positive change to the environment and will raise essential funds for the firm’s charity partners.
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.
On Saturday 14th May, 17 Browne Jacobson trainees walked 24 miles around the three highest peaks in the Yorkshire Dales to raise money for our five office charities.
The Royal College of Psychiatrists has produced updated guidance to help frontline staff and clinicians identify and treat patients with eating disorders before the illness becomes a medical emergency.
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.
There is currently no legislation requiring employees within the UK to have the COVID-19 vaccine. However, a recent Acas survey found that approximately 22% of employers intend to require their new staff to have the COVID-19 vaccination, and 21% would require their existing staff to be vaccinated too.
This week is Maternal Mental Health Awareness week, a campaign organised and led by the Maternal Mental Health Alliance (MMHA) member of the Perinatal Mental Health Partnership UK and is designed to raise public and professional awareness of perinatal mental health problems. MMHA is a UK-wide charity which works collaboratively with health professionals and families to bring care to those affected by perinatal mental health problems.
In late March, P&O Ferries made 800 members of staff redundant instantaneously and with no notice, to then go on to replace them with cheaper agency workers. This sparked wide range shock and triggered government interest in introducing a new statutory code of practice covering fire and rehire.
The new regime introduced by the Act will take shape over the next 18 months, but those who design, build or manage high rise buildings are being urged to get ready for the changes to be introduced through the act.
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.
