Services
People
News and Events
Other
Blogs
Mike Pemberton
 

Additional services to be made available by the Disclosure & Barring Service

  • Posted

Beginning in 2018, the DBS will offer a service for a basic DBS check. This is in addition to the standard and enhanced level checks already provided as well as the information relating to the protection of vulnerable groups (barring register). The basic...

Preventing and tackling bullying - advice for headteachers, staff and governing bodies

  • Posted

The department of education has recently updated guidance on how schools should deal with bullying, in July 2017. Bullying, is described by the guidance, as ‘behaviour by an individual or a group, repeated over time, which intentionally hurts...

High Court makes landmark judgment on disclosure of criminal offences

  • Posted

The High Court has today (January 22nd) handed down its judgment in a challenge to the disclosure of more than one minor offence under the Police Act 1997 and Rehabilitation of Offenders (Exceptions) Order 1974. Both claimants in the case have two...

Ten ways councils are targeting savings from adult social care in 2014-15

  • Posted

Resource website Community Care has published an analysis of 55 local authorities adult social care budgets for 2014-2015 . Given ongoing cuts to public funding , local authorities are under pressure to continue to cut their budgets. In the Community Care...

Concern over changes to Special Education Needs provision

  • Posted

The Children and Families Act 2014 became law on the 22nd April 2014 and has been hailed as the greatest shake up to the Special Educational Needs system in 30 years. A further Code of Practice for Special Education Needs was published on the 16th April...

Autism Awareness Day - 2nd April 2014

  • Posted

2nd April 2014 is National Autism Awareness Day. Autism is a condition that affects one in a hundred people in the UK and is recognised as a developmental disability. It affects the way a person communicates and how they experience the world around them. ...

Appeals deadline approaching fast

  • Posted

The deadline to make an appeal against school admission decisions relating to secondary education is fast approaching. National Offer Day on the 3rd March 2014 provided parents and pupils with a determination on whether they had been successful in their...

Data protection breach involving details of school children

  • Posted

The Birmingham Mail has recently reported (17th March 2014) that families from a school in Rednal have been affected by a data protection breach involving a council contractor. Personal details of 11-year-old school pupils were sent to...

Parents concerned over Special Education Needs provision

  • Posted

A recent Wales ITV investigation which was aired during Wales This Week on the 17th March 2014 reflected concerns of parents that the provision of Special Educational Needs to children was no better than it had been back in the 1980s. ITV made a Freedom of...

Fewer children obtaining preferred place at secondary school

  • Posted

The Telegraph has recently reported that there has been an increase in the number of children missing out on the first choice secondary school within the current applications round. The 3rd March 2014 was National Offer Day for secondary education and a...

Dementia sufferer to be returned to her own home of 60 years after being removed to a care home

  • Posted

In the recent case of Westminster City Council v Sykes [2014] EWHC B9 (24/02/2014) the Court of Protection has ordered that an 89-year-old dementia sufferer who spent her life campaigning for political causes and the rights of others can to return to...

Mental capacity and the right to refuse medical treatment

  • Posted

‘The right to decide whether or not to consent to medical treatment is one of the most important rights guaranteed by law. Few decisions are as significant as the decision about whether to have major surgery. For the doctors, it can be difficult to...

School admission decisions due soon

  • Posted

We are fast approaching the somewhat anxious time of year when the allocation of secondary school places will be announced. This will take place on 3rd March 2014 and is known as National Offer Day. (Reception places are expected to be announced on 16th...

Mental capacity to consent to sexual relations

  • Posted

S1 of the Mental Capacity Act 2005 states that a person lacks mental capacity if ‘he is unable to make a specific decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or...

Court of Protection orders baby to be put up for adoption in UK, against very strong wishes of Italian-resident mother

  • Posted

There has been mass media recently over the Court of Protection judgment in the case of Re: P (A Child), heard by HHJ Newton. The facts of the case are that the mother, an Italian national, has a history of mental health problems, and during her pregnancy...

Carers denied right to financial support

  • Posted

BBC News recently reported the findings of a local government watchdog, which has revealed that many foster carers are ‘losing out’ by being refused the necessary financial support to provide children with proper care. Often children whose...

15 minute care visits

  • Posted

BBC News has this week reported of the widespread use of 15-minute care visits to the elderly and disabled. The Leonard Cheshire Disability charity says that these visits are not long enough to provide adequate care and “can force disabled people to...

Openness and transparency in the Court of Protection

  • Posted

The Court of Protection makes decisions on behalf of people that lack the capacity to do so themselves. The recent reporting of a case involving Wanda Maddocks has attracted a lot of publicity and alleged that the Court is far too secretive. The Court had...

Court of Protection decides man lacking capacity is not to be resuscitated

  • Posted

The Court of Protection heard the recent case of An NHS Foundation Trust v M & K [2013] EWHC 2402, in which declarations were sought by the NHS Trust that the man (known throughout as M) should not be given Intensive Care treatment or CPR should there be...

Woman forcibly checked for possible cancer

  • Posted

The Court of Protection has last week heard a case in which an NHS Trust applied for a declaration that it would be in a woman’s best interests for her to undergo a formal diagnostic examination for cancer, ‘despite her long-standing fear of...

Court of Protection refuses to annul arranged marriage

  • Posted

Last week another difficult and controversial case came before the Court of Protection, reported in the Telegraph. The case involved a woman who was the subject of an arranged marriage to a man with severe mental disabilities. Sandwell Metropolitan Borough...

Local governments Ombudsman decides Liverpool City Council failed to pay 340 foster carers correctly

  • Posted

An important Ombudsman’s report has been published this week following an investigation into Liverpool City Council and its Social Services department. The Ombudsman found that in 340 cases which it had been made aware of, the Council had not paid...

New statutory framework for coroners' inquests

  • Posted

Significant changes in the Coronial system came into force on 25 July 2013. The new system will apply to all existing inquests not completed by 25 July 2013. Many core aspects of inquests remain the same, but there are several key areas of change. With...

Court of Protection investment restrictions for attorneys

  • Posted

In a recent Court of Protection case, Re Buckley, restrictions were imposed on an attorney’s ability to invest a donor’s funds. The case involved a Lasting Power of Attorney (LPA) which was granted by Miss Buckley, 81, to her niece to be her...

Police bail - review needed but are calls for a four-week limit realistic?

  • Posted

With the recent discovery that more than 57,000 people are on police bail, Richard Atkinson, chairman of the Law Society's criminal law committee, is calling for a review of police bail practices and suggesting bail should be to be limited to a maximum...

Filtering of minor, old convictions, criminal disclosure certificates

  • Posted

The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2013 (forgive me whilst I catch my breath) SI 2013/1198 which came into force yesterday following the judgment of the Court of Appeal in the...

Woman who begged court to let her abort her baby wins battle

  • Posted

An article published on The Independent website yesterday told of an emotive case that has this week been heard in the Court of Protection. The 37 year old woman, known as ‘SB’, is said to be suffering from severe mental health problems...

Health and social care to be integrated by 2018, why aren't they already?

  • Posted

Today the BBC and news agencies report that Ministers are promising an end to the era of vulnerable people being passed around the health and care systems. The pledge forms part of a shared commitment being set out by...

Trafficking workers

  • Posted

Thousands of potential victims of trafficking were identified in the UK in 2011. Around 22% of the trafficked individuals are trafficked for the purpose of forced labour.Thousands of potential victims of trafficking were identified in the UK...

A quarter of home-care services provided to the elderly in England are failing to meet quality and safety standards, inspectors say

  • Posted

The Care Quality Commission, the government’s watchdog on Care Standards, has reported its findings of a sample of 250 home care supply companies who provide care to the elderly, vulnerable and the disabled in the UK. Around 700,000...

A cap on social and residential care charges - but 'does the cap fit?'

  • Posted

Over the weekend, news reports have emerged that Jeremy Hunt, the coalition government’s Health Secretary is set to announce details capping the cost that anyone would pay for nursing care in their lifetime. The...

3 in 4 fear the cost of caring for a loved one

  • Posted

With an ageing population and people living longer with serious illness and disability, caring for an older or disabled loved one is increasingly a reality for UK families. There are over 6.4 million carers in the UK and latest Census figures...

Inaccurate interpretation of drug testing in prisons leading to false findings of guilt

  • Posted

Many people who have family or friends in prison are likely to have heard their loved ones speak about facing adjudication charges or ‘nickings’ for breaching prison rules. These charges are a way of...

Government spending watchdog warns of difficult times ahead for local authority spending on social care

  • Posted

In a report examining central government’s approach to local authority funding, the National Audit Office has highlighted today the increasing difficulty faced by local authorities, over the rest of the Government’s spending review...

Operation Harvest and DNA samples for historical offences

  • Posted

A recent news article concerning Operation Harvest highlights the importance of seeking legal advice in relation to unreasonable requests by the Police for Sensitive Personal Data. Operation Harvest involves Police...

Should social care costs be capped?

  • Posted

News reports have emerged that Paul Burstow the minister who was in charge of care policy until last year’s cabinet reshuffle is calling on the Government to implement the Dilnot report, which recommends capping social care costs that...

Budget increase for disabled facilities grants

  • Posted

This week, Care and Support Minister Norman Lamb announced an extra £40m will be added to the budget to provide Disabled Facilities Grants to help people remain independent in their own homes for longer. The...

Dementia funding to increase

  • Posted

This week, news reports have emerged of long-awaited funding being made available from the Government to tackle the increasing difficulties that people face who have a form of dementia. David Cameron has taken the issue...