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Abuse and social care newsletter - April 2019

12 April 2019

Welcome to our quarterly social care newsletter.

In this edition we look at:

Social work negligence claims – is there a link between case loads and performance?

Whilst we await the Supreme Court’s judgment on duties of care in CN and GN v Poole Borough Council, Cynthia Watts revisits the 'Bolam test', social work caseloads and learning points for local authorities.

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Local authorities - recoveries from abusers' pensions - approach with caution

Sarah Erwin-Jones reviews the Pensions Ombudsman (PO – 7277) decision, and looks at the future for recoveries.

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Are redress schemes the answer to improving the way abuse claims are dealt with?

David Maggs outlines the challenges for organisations considering using redress schemes for dealing with abuse claims.

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Safeguarding - getting it right for youth clubs and groups

It is essential that all clubs working with children and young people have robust safeguarding policies in place, and a clear insurance history relating to both the past and the future. James Arrowsmith summarises the key safeguarding factors clubs should look at.

Read more >

Save the date: Redress schemes for abuse and misconduct webinar, 14 May 2019

Hear our experts share what we have learned about redress and compensation schemes around the world and in the UK, and engage in a Q&A session. It’ll start with the burning questions you send us here, but if we have time there will be the opportunity to ask more on the day.

Email your questions >

Focus on...

Legal updates

Kuoni referred to the CJEU by Supreme Court for clarification - possible impact on breach of contract, vicarious liability and assumption of responsibility claims for sexual abuse and assault

We were hoping to be able to give you some interesting insights following the judgment of X v Kuoni Travel Ltd but that will have to wait for another day.

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Blogs

Watch this space on breach of contract, vicarious liability and assumption of responsibility

The concept of Assumption of Responsibility is on many stakeholders’ minds at the moment following the Supreme Court decision in CN & GN v Poole.

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Press releases

Reaction: Supreme Court rules no duty of care in negligence in Poole Borough Council v GN and another

This morning (6 June) the Supreme Court has handed down its decision in Poole Borough Council v GN and another. The court dismissed the appeal and upheld the decision in the lower court that the claim should be struck out. The claim addresses broad issues with the potential to impact on negligence claims against many public bodies including health and education.

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Legal updates

Social work negligence claims – is there a link between case loads and performance?

Whilst we are all awaiting the Supreme Court’s judgment on duties of care in CN and GN v Poole Borough Council, it is worth revisiting what else claimants have to prove to successfully pursue a claim in negligence.

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The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

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