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Dangers of spurious evidence

13 November 2008
Issue: 7345 / Categories: Legal News , Child law , Family
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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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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