Protection from neighbours – no duty – Nearly Legal

Posted January 8th, 2018 in appeals, children, housing, local government, negligence, news, social services by sally

‘What, if any, duty is owed by a local authority to children to protect them from abuse and harassment by neighbours? This court of appeal decision suggests none in negligence.’

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Nearly Legal, 7th January 2018

Source: nearlylegal.co.uk

A fork in the road – Cafcass and their pathways – Transparency

Posted January 8th, 2018 in domestic violence, family courts, news, parental rights, social services by sally

‘A little while ago we wrote some about Cafcass’ new proposed High Conflict pathway, which had been hailed in the press as a big thing in terms of dealing effectively with parental alienation. We had been offered an interview with the Cafcass Principal Social Worker, which had cleared up some of our questions but which had raised others.’

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Transparency Project, 6th January 2018

Source: www.transparencyproject.org.uk

Jeremiah Regis-Ngaujah murder: ‘Death could not be predicted’ – BBC news

Posted January 5th, 2018 in child abuse, domestic violence, murder, news, social services by tracey

‘The brutal murder of a two-year-old boy by his stepfather could not have been predicted, a review has found.’

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BBC news, 5th January 2018

Source: www.bbc.co.uk

Restitution claims for failure to pay for aftercare services – Community Care Blog

Posted December 21st, 2017 in appeals, mental health, news, repayment, restitution, social services by tracey

‘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.’

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Community Care Blog, 18th December 2017

Source: communitycare11kbw.com

Stepfather jailed over boy’s water park drowning – BBC News

Posted December 20th, 2017 in children, homicide, negligence, news, sentencing, social services, suspended sentences by tracey

‘The stepfather of a five-year-old boy who drowned at a water park has been jailed for seven-and-a-half years.’

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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

Posted December 13th, 2017 in children, news, public procurement, residential care, social services by sally

‘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.’

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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

Posted December 12th, 2017 in child abuse, child neglect, news, social services, statistics by sally

‘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”.’

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The Independent, 11th December 2017

Source: www.independent.co.uk

More than 30 child protection departments in special measures – The Guardian

Posted December 11th, 2017 in budgets, children, local government, news, social services by sally

‘The children’s services departments of more than 30 councils in England are in special measures, an Observer analysis has revealed.’

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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

Posted December 8th, 2017 in care orders, disclosure, family courts, human rights, news, social services by sally

‘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.’

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Local Government Lawyer, 6th December 2017

Source: www.localgovernmentlawyer.co.uk

London borough fined £100,000 after social workers assaulted – Local Government Lawyer

Posted December 6th, 2017 in fines, health & safety, local government, London, news, social services, violence by sally

‘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.’

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Local Government Lawyer, December 2017

Source: www.localgovernmentlawyer.co.uk

Keir Starmer: make funding for women’s refuges mandatory – The Guardian

Posted November 28th, 2017 in benefits, domestic violence, housing, news, social security, social services, victims, women by sally

‘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.’

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The Guardian, 27th November 2017

Source: www.theguardian.com

Who protects the social workers? – Transparency Project

Posted November 23rd, 2017 in care workers, harassment, media, news, social services by sally

‘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.’

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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.’

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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).’

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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.’

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Law & Religion UK, 2nd November 2017

Source: www.lawandreligionuk.com

Social worker could be struck off after faking evidence in child case – The Guardian

Posted October 31st, 2017 in disciplinary procedures, evidence, news, social services by sally

‘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.’

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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.’

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BBC News, 27th October 2017

Source: www.bbc.co.uk

Covert Recording : A hot potato lob by the Court of Appeal – Transparency Project

Posted October 26th, 2017 in children, evidence, families, family courts, news, social services by sally

‘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.’

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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.’

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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.’

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UK Human Rights Blog, 23rd October 2017

Source: ukhumanrightsblog.com