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26 March 2009 / Stephen Levinson
Issue: 7362 / Categories: Features , Discrimination , Human rights , Employment
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Another fine mess

Stephen Levinson discusses the law affecting care workers after Allen

The need to protect vulnerable adults in care and children in schools, nurseries and other places is self-evident. This case is about the legal system that ensures that those who pose a risk are not allowed to care for them. Brought by the Royal College of Nurses, it related to those who look after adults but the system is the same as that previously established for the protection of children under the Education Reform Act 1988 and the Protection of Children Act 1999 (PCA 1999). The political impetus for that law was driven by the public outcry against paedophiles.

Unsuitability

The system adopted by the Care Standards Act 2000 (CSA 2000) is that care workers employed in looking after vulnerable adults may be placed on a list of people considered unsuitable for the work (the POVA, Protection of Vulnerable Adults, list). Once on the list on a provisional or confirmed basis the care worker is banned from such employment. The question was

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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