Jeremiah Regis-Ngaujah murder: ‘Death could not be predicted’ – BBC news
‘The brutal murder of a two-year-old boy by his stepfather could not have been predicted, a review has found.’
BBC news, 5th January 2018
Source: www.bbc.co.uk
Category: social services
Restitution claims for failure to pay for aftercare services – Community Care Blog
‘If an individual has in years past paid him or herself for mental health aftercare services, which should have been paid for by public bodies, does that person have a valid restitution claim to be refunded the monies spent? The Court of Appeal in Richards v Worcestershire County Council [2017] EWCA Civ 1998 has upheld the decision of Newey J at first instance, that a claimant can bring a private law action against public authorities under Part 7 of the CPR, when it is alleged that:
· the public authority was responsible for providing mental health aftercare services to the claimant pursuant to section 117 of the Mental Health Act 1983;
· aftercare services were received by the claimant; and
· those services were paid for by the claimant themselves.
Such a claim would be brought in restitution, on the basis that the payments made by the claimant served to relieve the public authority of liabilities which they ought to have been bearing under section 117.’
Community Care Blog, 18th December 2017
Source: communitycare11kbw.com
Stepfather jailed over boy’s water park drowning – BBC News
‘The stepfather of a five-year-old boy who drowned at a water park has been jailed for seven-and-a-half years.’
BBC News, 20th December 2017
Source: www.bbc.co.uk
Warning of legal challenge to procurement of residential care places for children – Local Government Lawyer
‘The Independent Children’s Homes Association (ICHA) has warned that a legal challenge to local authority procurement of care places is possible without radical reform of the current system.’
Local Government Lawyer, 13th December 2017
Source: www.localgovernmentlawyer.co.uk
Child abuse and neglect investigations surge by 60% over 10 years as services reach ‘tipping point’ – The Independent
‘The number of investigations into child abuse and neglect started by local authorities has soared by 60 per cent in the last decade, as councils warn children’s services are reaching “tipping point”.’
The Independent, 11th December 2017
Source: www.independent.co.uk
More than 30 child protection departments in special measures – The Guardian
‘The children’s services departments of more than 30 councils in England are in special measures, an Observer analysis has revealed.’
The Guardian, 10th December 2017
Source: www.theguardian.com
Social worker wins right to use documents for ECHR claim over judicial criticism – Local Government Lawyer
‘The President of the Family Division, Sir James Munby, has allowed a social worker to use restricted documents in proceedings to be brought over a judge’s critical remarks about her.’
Local Government Lawyer, 6th December 2017
Source: www.localgovernmentlawyer.co.uk
London borough fined £100,000 after social workers assaulted – Local Government Lawyer
‘A local authority has been fined £100,000 after two of its social workers were assaulted on a home visit by the mother of a vulnerable child they were visiting.’
Local Government Lawyer, December 2017
Source: www.localgovernmentlawyer.co.uk
Keir Starmer: make funding for women’s refuges mandatory – The Guardian
‘Keir Starmer, the shadow cabinet member and former chief prosecutor, has called for mandatory funding for refuges amid criticism over a shake-up of funding for women’s services.’
The Guardian, 27th November 2017
Source: www.theguardian.com
Who protects the social workers? – Transparency Project
‘When a child dies, it is often social workers whose names pop up in the press, who are vilified and blamed. Following the recent media attention around the death of adopted Elsie Scully-Hicks (Shayla), this has become a topic of discussion again within the social work community – not that it has ever gone away.’
Transparency Project, 22nd November 2017
Source: www.transparencyproject.org.uk
New Push to Make ‘Hillsborough Law’ a Reality – RightsInfo
‘The ‘Hillsborough Law‘ was first suggested after families of the 96 victims of the disaster were forced at recent inquests to defend themselves against allegations that fans had had too much to drink.’
RightsInfo, 22md November 2017
Source: rightsinfo.org
Ordinary Residence – Whether Duty Arose Under 21 National Assistance Act 1948 – s. 21 A Duty of Last Resort (A Pre-Care Act 2014 Case) – Garden Court Chambers
‘This case was decided on the basis of the legal regime now replaced by the Care Act 2014 (in force since 1 April 2015).’
Garden Court Chambers, 10th November 2017
Source: www.gardencourtchambers.co.uk
Social work, controversial views and fitness to practise: Ngole – Law & Religion UK
‘Felix Ngole, a second-year Master’s student on a social work course at Sheffield University, had been excluded from the course by the Faculty of Social Sciences Fitness to Practise [“FTP”] Committee after comments he posted on Facebook about his personal opposition to same-sex marriage. Before the Administrative Court, he argued that fitness to practise was a matter for the professional social work bodies rather than for the University. In R (Ngole) v University of Sheffield [2017] EWHC 2669 (Admin), however, Rowena Collins Rice, sitting as a Deputy High Court Judge, rejected his claim.’
Law & Religion UK, 2nd November 2017
Source: www.lawandreligionuk.com
Social worker could be struck off after faking evidence in child case – The Guardian
‘A social worker has appeared before a professional disciplinary panel after she was found by a judge to have fabricated evidence to bolster the case for removing a child from the mother’s care and then lied in court about having done so.’
The Guardian, 31st October 2017
Source: www.theguardian.com
Judge backs University of Sheffield in homosexuality comments row – BBC News
‘A university’s decision to expel a student for posting a comment online saying homosexuality was a sin was lawful, a court has ruled.’
BBC News, 27th October 2017
Source: www.bbc.co.uk
Covert Recording : A hot potato lob by the Court of Appeal – Transparency Project
‘The Court of Appeal delivered judgment in Re B (A Child) [2017] EWCA Civ 1579 last week. In it they consider (but do not resolve) the question of how the Family Court should deal with evidence obtained by covert recording. Whilst it took the Court of Appeal almost a year from the hearing of the appeal to the delivery of judgment (see our post about the appeal hearing itself here), this particular potato remains red hot. The topic of recording – covertly or overtly, of social workers or children or otherwise – is discussed daily on private groups on Facebook, openly on other social media platforms – and, from time to time, in judgments of the Family Court and by lawyers.’
Transparency Project, 24th October 2017
Source: www.transparencyproject.org.uk
Supreme Court: local authority ‘vicariously liable’ for abuse of child in foster care – OUT-LAW.com
‘A local authority has been held vicariously liable for the abuse of a woman by two sets of foster parents she was placed with as a child, despite not being negligent in its selection or supervision of the foster parents.’
OUT-LAW.com, 20th October 2017
Source: www.out-law.com
Lucy Eastwood – “A law on the move: Are Local Authorities vicariously liable for abuse committed by foster parents against children in their care?” – UK Human Rights Blog
‘The law of vicarious liability is on the move” proclaimed Lord Phillips in the last judgment he delivered as President of the Supreme Court: Various Claimants v Catholic Child Welfare Society [2012] UKSC 56, (“the Christian Brothers case”). In a judgment recently handed down by the Supreme Court in the case of Armes (Appellant) v Nottinghamshire County Council (Respondent) [2017] UKSC 60, His Lordship has been proved correct.’
UK Human Rights Blog, 23rd October 2017
Source: ukhumanrightsblog.com
LGO criticises failure of council to assess vulnerable young children at risk of harm – Local Government Lawyer
‘The Local Government and Social Care Ombudsman has accused a council of not doing enough to safeguard a family who made multiple appeals for help to protect their younger children from threats of violence made by their teenage son.’
Local Government Lawyer, 4th October 2017
Source: localgovernmentlawyer.co.uk
Woman’s murder in care home could have been prevented, inquiry finds – The Guardian
‘The murder of an 18-year-old woman by a fellow resident at a care home who had previously attempted to strangle other women was both predictable and preventable, a serious case review has found.’
The Guardian, 28th September 2017
Source: www.theguardian.com
