6Feb

Responsibility towards Children and Young People including Disclosure in Children’s Services Claims and their impact on social care provision

Liability and disclosure in Child Abuse Claims

(Intermediate/Advanced)

Theme: Civil Litigation

6 February 2019, 9.30am registration (9.45am start) – 1.00pm (followed by lunch) Browne Jacobson Nottingham, (with Video Conferencing Equipment to Browne Jacobson’s offices in Birmingham and London)

Please note we offer the option to attend this course via video conference at another of our offices to make it accessible to as many EM Lawshare members as possible. We do our best to deliver the best experience we can with the technology we have, but inevitably it may not be as effective as attending the course in person. We always appreciate your feedback and make improvements if we can.

Presented by Browne Jacobson

Course overview

An update on the law on liability in this arena, followed by a risk analysis using latest statistics.

An examination of:

• The types of claim that might arise in a children’s litigation social care context
• The records which are requested as a Subject Access Request and how this might differ to a request in the contemplation of civil proceedings
• CPR – The duty of disclosure
• The various disclosure issues that arise under the DPA and CPR
• CPR – The duty of disclosure

Suitable audience:

Lawyers, Information governance offices, complaints officers, social worker team leaders and senior managers

Overview and topics to be covered include:

Session 1 will fall into two halves first looking at the outcome of the Supreme Court decision in CN & GN –v- Poole BC ( to be heard in July 2018, with judgment expected in October 2018) and the likely impact on Failure to Remove, professional negligence and Human Right Act claims.

The second half of this session will look at where the risk now lies for local authority social services department

Session 2 will look at the duties of disclosure (DPA and CPR) various means by which disclosure might be requested from Local Authorities, the factors to be taken into account, how department should exchange and share data about information requests, and how relevant material should be shared safely and when.

There will be a short case study for participants to engage in a general damages assessment in the second half of this session before lunch.

Interactive elements

Quiz / Workshop/practical exercise

Duration: Half a day (3 training hours) including lunch

Competencies

This course will cover:

B2 Legal research
C1 Communicate clearly and effectively

Presenter profiles:

Sarah Erwin-Jones – Sarah specialises in social services, the care sector and legal costs along with education. Sarah has gained a wealth of experience and dealt with a wide range of cases including those relating to institutional abuse and professional negligence. She dealt with the personal injury claim that followed the tragic death of Victoria Climbie and has been involved in a number of high profile group actions, taking cases to the Court of Appeal and Supreme Court. She advises clients on risk management, child protection, human rights, Public Inquiries and Data Protection Act issues.

Ceri-Sian Williams – Ceri-Sian specialises in representing local authorities in respect of the many issues which arise following allegations of abuse or professional negligence by social workers and others. This includes providing advice regarding police investigations, dealing with the media, and handling subsequent claims. Ceri-Sian has significant trial experience, including acting for the local authority in JB & BB –v- Leicestershire County Council (2014) and acting for the local authority in NA –v- Nottinghamshire County Council [2017] UKSC 60.

Please note, EM LawShare events are only open to existing members. Click here to learn more about becoming a member.

If you would like to send a list of registrants, please email Julie.Scheller@freeths.co.uk.