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In 1999, the House of Lords ruled in Barrett –v- Enfield, opening the door to what we now call ” failure to nurture” claims.
Barrett had been in care until the age of 17 during which he had two foster placements and was at 6 different residential homes. He alleged the nature of long term planning was inadequate and that he left care without family or attachments. As a result he suffered psychiatric illness.
This week’s After care report suggests that at least in some parts of the country, things have not changed.
The report concludes that 46% of care leavers thought they were made to leave care too early and 49% thought they had been prepared badly or very badly. Of course, it is all a matter of perspective, and who knows whether these young people would have fared better had they not been in care, but the possibility of claims is another worry for all those organisations who work with care leavers.
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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