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13 November 2008
Issue: 7345 / Categories: Legal News , Child law , Family
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Dangers of spurious evidence

Child protection

The protection of children should always be society’s first priority but individuals should avoid making accusations based on spurious evidence.

Last week, The  Guardian published an article in which the brother of a single mother in a new town was suspected of behaving inappropriately around a child. The allegation, based on a half-heard joke by the child sparked an inquiry into potential child abuse.

Expert education lawyer, Nicholas Hancox, says that an implied duty to believe suggestions of inappropriate behaviour have the potential to damage families when all of the facts are not known. “It is clear that a teacher in possession of 10% of the facts and 90% of a child’s exaggerated joke cannot know what to do for the best.”

He continues, “If he or she reports the ‘disclosure’ to the Local Safeguarding Children Board, it might all turn out to be an embarrassing mistake, innocent lives will be wrongfully disrupted and much police time and children’s service time will be completely wasted”.

Hancox says that the difficulty lies in knowing when to act: “If the teacher does nothing and the child is assaulted, then they will be damned for life as the person that failed to save the child?”

Issue: 7345 / Categories: Legal News , Child law , Family
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MOVERS & SHAKERS

Weightmans—Elborne Mitchell & Myton Law

Weightmans—Elborne Mitchell & Myton Law

Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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