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social care - October 2019

25 October 2019

Welcome to our social care newsletter.

Sexual assault in the workplace: opportunity alone is not sufficient connection for vicarious liability

Browne Jacobson LLP were recently instructed by the defendant in a sexual assault claim in which the High Court had to carefully consider the sufficient connection test for vicarious liability to apply.

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More concerns on the horizon for social care services and private providers

In a survey conducted by Unison this summer more than half of our social workers say they are considering leaving the profession for a less stressful position.

Of 1,000 social workers surveyed 55% said they were thinking of quitting their roles.

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Foster carers are not ‘workers’ according to the Employment Tribunal

For anyone who has followed the evolving case law in the social care sector, this title is likely to raise some questions. Most notably, “What about the decision in Armes?”

In a judgment handed down by the Employment Tribunal on 23 July 2019 an appeal by the National Union of Professional Foster Carers (NUPFC) was dismissed.

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Child abuse inquiry – latest recommendations in the accountability and reparations investigation

The Accountability and Reparations investigations of the IICSA has already carried out a large amount of work.

Last month a report with its preliminary recommendations was published.

Read more >

Care Quality Commission and health & care regulatory update

Carl May-Smith will provide an update on CQC & Competitions & Markets Authority enforcement, a recent Tribunal decision on the registration of learning disability & autism services and the latest in CQC’s review of restraint, seclusion and segregation.

find out more >

focus on...

Legal updates

Directors duties in relation to local authority trading companies and special purchase vehicles

Some prudent steps that directors should take to minimise their risk of being personally liable in an insolvency situation.

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Legal updates

School not responsible for pupil attack on teaching assistant: council’s successful appeal a reminder that failure in written risk assessment not fatal - causation is key

Over five years after the event, and following a protracted legal process, Norfolk County Council have successfully appealed a finding of negligence against them.

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Legal updates

Lack of clarity with public sector exit pay cap law

For public sector employers who are scheme employers of the Local Government Pension Scheme (LGPS) the Exit Pay Regulations raise significant legal issues.

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Legal updates

New year, new-ish state aid rules: the new subsidy control regime

Until a formal subsidy regime is put in place funding bodies must grapple with the complex and challenging exercise of legal obligations from the UK-EU TCA and numerous trade agreements to grant funding.

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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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