Social care

Article

Mental health, eating disorders and placement of young people

Legal Update

LPS consultation and ‘go live’ planning

Legal Update

A brief summary of the Court of Appeal decision in HXA v Surrey County Council and YXA v Wolverhampton City Council

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].

Legal Update

Liberty Protection Safeguards: points to note as consultation period continues

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.

Legal Update

Avoiding the pitfalls of WhatsApp

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.

Opinion

Challenges from potential Foster Carers and Adopters

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).

Opinion

A helpful decision for claimant solicitors on Limitation under the Human Rights Act in abuse and assault cases?

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.

Legal Update

Independent review of children’s social care – focus on foster care

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.

On-Demand

LPS - it's out - what do you need to know? Part 3: the practicalities of implementation

Opinion

80% hours for 100% pay? That’ll do nicely

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-Demand

LPS - it's out - what do you need to know? Part 2: the most significant changes

Legal Update

The independent review of children's social care

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.

Legal Update

When does the treatment of residents of care homes meet the article 2 and article 3 thresholds?

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.

On-Demand

LPS - it's out - what do you need to know?' Part 1: Regulations and Code of Practice

Published Article

Complex safeguarding allegations

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.

Opinion

Right to Work Checks: Changes from 6 April 2022

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).

On-Demand

'Barry Bennell case' webinar

This webinar looks at the three key themes in the decision, and is aimed at sports & social clubs (including safeguarding officers).

Opinion

LPS - it’s out

The long-awaited draft Mental Capacity Act Code of Practice, including the Liberty Protection Safeguards (“LPS”), has landed.

Opinion

Covid-19: Government’s U-Turn for mandatory vaccination for health and social care workers following consultation

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.

Press Release

Corporate lawyer joins specialist independent health team

Browne Jacobson has strengthened its independent health & social care team with the addition of corporate finance lawyer Vicky Tomlinson.

Legal Update - Shared Insights

Shared Insights: Safeguarding Forum. Child Safeguarding in childcare proceedings

Our speakers looked at Child Safeguarding in childcare proceedings.

Legal Update

Is a review of Article 2 application in inquests on the horizon?

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.