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This week a court sentenced a teacher to six years in prison for having underage sex with two of his pupils and sex with a 16 year old pupil. As well as the straightforward convictions for underage sex, he was convicted of sexual activity with a child by a person in a position of trust.
This relatively new offence is set out in the Sexual Offences Act 2003 but only applies in very limited circumstances. Whilst a teacher sleeping with a pupil is clearly caught, the same is not true in sport – there is no offence committed where a sports coach engages in consensual sexual activity with a 16 year old that he or she coaches.
Considering the strong and mutually important relationships that can form between a coach and the individual and the risk of abuse that could exist, it is disappointing that the legislation does not offer those in sport the same protection. This is a change for which the Child Protection in Sport Unit (a joint venture between Sport England and the NSPCC) have been campaigning for some time, and deserves our support.
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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