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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.
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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