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A legal loophole that could allow those who physically abuse children or vulnerable adults to escape justice is to be closed.
Sometimes a child or vulnerable adult is harmed at home, and it cannot be proved which of the adults living at the home actually perpetrated the harm. This problem was addressed to an extent in 2004. The Domestic Violence, Crime and Victims Act created the offence of ‘causing or allowing the death of a child or a vulnerable person’. Baby P’s mother, boyfriend and lodger were all successfully convicted under this act.
The proposal is now to extend this offence to cover serious physical harm. The CPS supports this. It believes many such cases currently go unprosecuted.
A Private Members Bill has received the Government’s backing, and will surely gain support from all quarters. However it will be more important to monitor how many prosecutions follow. The statute book is full of offences which are never used. Let us hope this does not become one of them.
In June 2020 the University of Birmingham published a research briefing exploring the impact of the COVID-19 pandemic on child protection practice.
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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.
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.
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