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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

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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