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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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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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