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abuse and social care newsletter - August 2019

1 August 2019

Welcome to our quarterly social care newsletter.

In this edition we look at:

CN & GN v Poole Borough Council in the Supreme Court - your questions answered

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Kuoni referred to the CJEU by Supreme Court for clarification

The Supreme Court has concluded, in its interim judgment, that a referral to the Court of Justice of the European Union is required first.

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Current trends in faith abuse cases

With the recent report that the Church of England found a 50% rise in abuse claims and concerns, it is worth looking at current trends in this arena.

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Limitation in child abuse negligence claims

In the context of abuse claims, limitation has come into criticism as, for a range of reasons, victims of abuse may not be in a position to pursue a claim until some years after the events to which they relate.

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Social care negligence claims – is there ever a time when an application to strike out is appropriate?

Now that the Supreme Court has delivered its judgment in CN & GN, many claimants’ solicitors are beginning to reawaken their files; seeking disclosure from local authorities so that they can investigate and potentially issue claims.

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Human Rights Act experts: are they necessary in Human Rights Act claims?

Claims alleging that harm has been suffered within a family environment, or as a result of failing to protect individuals from their own risk taking behaviour leading to child sexual exploitation, present novel challenges.

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CQC and health & care regulatory update - June 2019

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focus on...

Legal updates

Could the coronavirus crisis reinvigorate English devolution?

The outbreak of Coronavirus in the UK, and the subsequent lockdown has caused enormous disruption, not least to the business of local government.

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Legal updates

A pragmatic and common sense approach to Housing Disrepair during COVID-19?

The resolution of disrepair issues will not always be straightforward in the new world in which we find ourselves. The Ministry of Housing, Communities & Local Government has therefore released Guidance for Landlords and Tenants.

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COVID-19 for local authorities, arms length bodies and government - 19th May 2020

An update on NHS reconfiguration, service change and consultation post-lockdown, using s75 agreements (Hospital Discharge Service Requirements) and mental wellbeing of employees.

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Legal updates

Cabinet Office advice for contractual behaviour which is impacted by the Covid-19 emergency

On the 7th May 2020, the Cabinet Office released its guidance on responsible contractual behaviour for both public and private sectors relating to the performance and enforcement of contracts which have been “materially impacted” by the coronavirus.

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The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

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