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In another setback for the much-criticised scheme, the High Court found that adding individuals to the Barred Lists without any opportunity for the individual to be heard is unlawful.
The challenge was brought by the Royal College of Nursing who also argued that the minimum barring period of ten years was disproportionate. Whilst Mr Justice Wyn Williams did not uphold this argument, he expressed a hope that the current review announced in June would also consider the minimum term.
This decision should signal the end of the ‘automatic’ barring process and mean that the Independent Safeguarding Authority (ISA) will have to allow written representations on all barring decisions. Not only will this significantly delay barring decisions, it will also increase cost for the ISA in handling and determining those representations. Whilst the terms of reference for the current review have been set, they now have to change to take account not only of this judgment, but the practical and financial implications of following it.
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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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.
Following the Supreme Court decision in CN & GN -v- Poole Borough Council [2019] and other subsequent cases, it is now established law that the mere fact that various steps are taken by local authorities in the discharge of its child protection functions is not enough to give rise to an assumption of responsibility.
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