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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 >

Training and events

13Dec

Claims Club London office

We are pleased to invite you to join us for our popular Claims Club, which will take place in-person in our London office. With a focus on risk in the public sector, as well as discussion on the topics outlined below we are hoping there will be time for Mr Jonathan Cook to don his sparkly jacket for a short festive quiz! Following the session there will be an opportunity for an informal catch up for those who can stay on.

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Focus on...

Guides

Good governance essential to avoid falling foul of the ESFA

There’s been little evidence of interventions or financial management reviews this year and it appears the Education and Skills Funding Agency (ESFA) has re-focussed on financial delivery. It’s also telling that there were no discernible changes to the reporting of financial irregularities in the Academies Trust Handbook 2022.

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Press releases

Browne Jacobson helps launch new innovative council company network with Wiltshire Council and Christ Church Business School

Law firm Browne Jacobson has collaborated with Wiltshire Council and Christ Church Business School on the launch event of The Council Company Best Practice and Innovation Network, a platform which brings together academic experts and senior local authority leaders, allowing them to share best practice in relation to council companies.

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The UK's green agenda - the outcomes of COP27 and actions since COP26

Just over a year ago world leaders, policymakers, scientists and environmental activists gathered in Glasgow for COP26. Now many of those same people have also travelled to Egypt to attend this year's summit for what has been billed as “A moment of truth for the international community”.

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Legal updates

Shared Insights: The Patient Safety Incident Response Framework

In our latest Shared Insights session, Patient Safety Incident Response Framework, chaired by Amelia Newbold, Nicola Evans and Damian Whitlam, we were pleased to be joined by Lauren Mosley, Head of Patient Safety Implementation, NHS England and Tracey Herlihey, Head of Patient Safety Incident Response Policy, NHS England. The discussion covered a number of topics including the key elements of PSIRF, points for Trusts to consider including disclosure, and feedback from an early adopter Trust. For more information and details of how we can help, you can download the note at the link below.

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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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