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The Children and Family Court Advisory and Support Service (CAFCASS) has been the subject of much criticism and pressure in recent years. The latest is the judgment of the High Court. After concerns about the safety of a guardian’s recommendations were brought to the attention of CAFCASS, it negotiated a change of guardian and later obtained the court’s approval. This judgement criticised the process and made it clear that only the court has the power to appoint and remove guardians.
There are further messages applicable to all practitioners: the court was particularly concerned about the lack of transparency in this case. There were times where the parents were unaware of the discussions going on between CAFCASS and the local authority. As ever, in future where there is a difference of opinion, the matter needs to be openly explored. Any meetings at which a family’s future is being decided must be conducted openly and with the parents able to participate.
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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