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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.

Read more >

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.

Read more >

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.

Read more >

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 >

training and events

6Feb

Planning club Nottingham office

Our regular planning club will be covering planning enforcement POCA and enforcement notices, town and village greens after the Lancashire case, and a planning case law update.

View event

11Feb

Child Abuse Claims – Design your own Redress Schemes and Codes of Conduct seminar Birmingham office

We are delighted to invite you to attend our next social care forum in Birmingham.

View event

focus on...

Legal updates

Social care - January 2020

Welcome to our social care newsletter for January 2020, focusing on fostering, child abuse claims and the impact of these cases.

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Legal updates

What we have learned about costs claims in child abuse cases

The Courts are slowly accepting that these cases are very much now in the mainstream of litigation, they still do have their quirks which many judges consider separate them from the pool of general personal injury litigation.

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Legal updates

Understanding the risk - looked after children trends and the impact on claims

Last month the government published the latest annual update on the numbers of looked after children.

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Legal updates

Potential liability for child sexual and criminal exploitation

The Children Act 1989 imposes a statutory duty on Local Authorities for Looked After and certain other young people as they prepare for adulthood.

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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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