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12 July 2007 / Seamus Burns
Issue: 7281 / Categories: Features , Human rights
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Rights versus duty

Public authorities should have a duty of care to parents as well as children in suspected child abuse cases, says Seamus Burns

The Lawrence family, including the father of Stephanie Lawrence’s children, came to the attention of Pembrokeshire County Council’s child protection team in 1999. In April 2002, following sporadic and inconclusive attention from various members of that team over the previous three years, the council had placed the children on the Child Protection Register as being at risk of physical and/or emotional harm from Mrs Lawrence and/or their father. They remained on the register for about 14 months before the council removed them from it in June 2003. In December 2004, the ombudsman had upheld a number of complaints from Mrs Lawrence of maladministration against the council, and furthermore had recommended that the council should pay her £5,000 in recognition of the distress and damage to her reputation and of the time and trouble in pursuing her complaints.

Mrs Lawrence then commenced proceedings against the council, alleging negligence and a violation of her right

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London Solicitors Litigation Association—John McElroy

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Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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