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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.
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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