Social care services
Social care, for both children and adults, is a large and dynamic sector involving public, private and charitable organisations. Changes in statutory frameworks and associated new duties, complex procurement and commissioning practices for local authorities and an active, funded and competitive private sector, all mean that providers face a breadth of legal challenges. Our multi-disciplinary team understands your environment and the law. Our goal is to ensure we meet the differing objectives of all providers.
What we do
- Our clients - over 50 local authorities, registered charities, residential and domiciliary care providers, insurers, sports governing bodies, religious organisations and inspectorates including the Care and Social Services Inspectorate Wales.
- Over 20 years' experience - we act for inspectorates, conduct child and vulnerable adult protection audits and policy reviews and attend risk management committees.
- 20 dedicated lawyers - based in Nottingham, Exeter, London and Birmingham, the largest specialist team in private practice.
- Ongoing training - on the latest regulatory developments and government guidance.
A local authority
Guiding a local authority on their transition to being part of an ICS, including reviews of structures and governance.
A local authority
Supporting a local authority in a complex supplier dispute and successful transition to a new provider. Dispute included commercial disputes, overpayment issues, and threatened JR of service user care plans and of MO decisions.
At the forefront of legal a developments
At the forefront of legal a developments in social care liability, including acting for the Defendant in Armes on the scope of vicarious liability for foster carers, and currently in cases on duty of care of local authorities and the role of the Human Rights Act in liability claims arising from safeguarding interventions.
Foster care claim
Successfully defending a foster care claim on the basis it was statute barred, although the judge in this case concluded that a non-delegable duty could be owed.
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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.
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.
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).
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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.
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.
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80% hours for 100% pay? That’ll do nicely
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“MARSIPAN” Guidelines replaced with the Medical Emergencies in Eating Disorders Guidance
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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.
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.
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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.
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).
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LPS - it’s out
The long-awaited draft Mental Capacity Act Code of Practice, including the Liberty Protection Safeguards (“LPS”), has landed.
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.
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.
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Our speakers looked at Child Safeguarding in childcare proceedings.