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In MN and KN v London Borough of Hackney, Mr Justice Leggatt held, obiter, that the case of KA was wrongly decided. Dismissing a challenge to a section 17 assessment, the judge held that social workers had been entitled to find that an overstaying family who had failed to provide information about their whereabouts for the previous decade were not destitute.
The judge found that an authority did not have power to provide section 17 support unless and until they were satisfied that a family were destitute, and that such decisions could only be challenged on grounds of irrationality or failure to carry out a proper investigation.
This will provide comfort to social workers struggling to assess families who are reluctant to provide background information. The judgment sets out a two stage approach to human rights assessments that social workers will find useful. Obiter, the judge held that the recent case of KA had been wrongly decided. Local authorities will hope that the Court of Appeal will share that view.
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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