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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.
Nazareth Care Charitable Trust which operates a care home in Bonnyrigg, Scotland, recently received a fine after a resident at one of its care homes suffered a fatal injury after falling down a flight of stairs.
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The concept of Assumption of Responsibility is on many stakeholders’ minds at the moment following the Supreme Court decision in CN & GN v Poole.
Sussex Partnership NHS Trust was sentenced on 14 June 2019 for failing to provide safe care and treatment to a 19 year old inmate being cared for on the hospital wing of Lewes Prison, Jamie Osborne.
It was announced on 15 May 2019 that “more than 120 MPs have written to the government asking for an inquiry into how family courts in England and Wales treat victims of domestic violence.”
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