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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.
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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