The Protections of Freedom Bill is currently passing through Parliament. Of particular interest to falsely accused carers and teachers will the Committees scrutiny of plans to reform the CRB system and scale back ISA work to common sense levels. Further information on the Bill can be obtained here … [Read more...]
Sex offender disclosure scheme will operate in all forces in England and Wales by April
April 2, 2011 from Leave a Comment
The Government have announced that the sex offenders disclosure scheme will operate in all forces in England and Wales by April. Greater protection for children Sex offender disclosure scheme will operate in all forces in England and Wales by April. Children in all 43 police force areas in England and Wales are better protected thanks to the final rollout of the child sex offender disclosure scheme, the Home Secretary has announced. Under the scheme anyone can ask the police to check whether people who have contact with children pose a risk. If the individual has convictions for sexual offences against children or poses a risk of causing harm then the police can chose to disclose this information to the parent, carer or guardian. A phased introduction began in August 2010 following a successful 12 month pilot in four police force areas. By 4 April 2011, all 43 police forces will be running the scheme. Read the press notice here. Strict system for managing … [Read more...]
Government announces major overhaul of civil justice
April 2, 2011 from Leave a Comment
The first major overhaul of the civil justice system in 15 years and reform of controversial 'no win no fee' deals were announced by Justice Secretary Kenneth Clarke today. The proposals, which have been launched for public consultation, aim to modernise the civil justice system and make it simpler, quicker, cheaper and more effective. 29 March 2011 Mr Clarke said: 'An effective system of civil justice is one of the cornerstones of a civilised society. Without it businesses couldn't trade, individuals couldn’t protect their liberties, and government couldn't be held to account. 'But with no major reform for 15 years, the civil justice system has got out of kilter. Businesses and other people who have been sued can find that spiralling legal costs, slow court processes, unnecessary litigation, and the ‘no win, no fee’ structures which mean greater payments to lawyers than to claimants, are setting them back millions of pounds each year. 'At a time when … [Read more...]
Reconviction rates published by Ministry of Justice
March 22, 2011 from Leave a Comment
The latest National Statistics on the re-offending of adults released from custody or starting a community sentence in England and just been published. Significantly they show that those convicted of sexual offences against children are the least likely to re-offend. A FACT spokesman said he is not surprised by these findings, which broadly speaking are borne out by previous research. "One would expect low re-conviction if the co-hort consists of people who s although legally guilty of sexual assaults against children are factually innocent." The latest National Statistics on the reoffending of adults released from custody or starting a community sentence in England and Wales in the first quarter of a particular year. The annual release is released by the Ministry of Justice and produced in accordance with arrangements approved by the UK Statistics Authority. The data relate to reoffending in two-year and one-year follow up periods that results in a conviction. … [Read more...]
New Children’s Homes and Foster Service Regulations (England)
March 15, 2011 from Leave a Comment
The Government have introduced new regulations for children homes. Amongst the areas covered are regulations to do with running way, punishment and the use and non use of physical restraint. EXPLANATORY MEMORANDUM TO THE CHILDREN’S HOMES (AMENDMENT) REGULATIONS 2011 2011 No. 583 1. This explanatory memorandum has been prepared by the Department for Education and is laid before Parliament by Command of Her Majesty. This memorandum contains information for the Joint Committee on Statutory Instruments. 2. Purpose of the instrument 2.1 These Regulations amend the Children’s Homes Regulations 2001 (“the 2001 Regulations”). The 2001 Regulations make provision for a wide range of matters with which registered persons (providers and managers of children’s homes) must comply when they provide accommodation and care for children who are accommodated in children’s homes. These Regulations amend the 2001 Regulations and streamline them by removing what over time have … [Read more...]
Home Secretary makes statement on Sex Offenders Register
February 18, 2011 from Leave a Comment
Copy of press release issued by the Home Office: 'The sex offenders' register has existed since 1997. Since that time it has helped the police to protect the public from these most horrific of crimes. Requiring serious sexual offenders to sign the register for life - as they do now - has broad support from across this House. However, the Supreme Court ruled last April that not granting sex offenders the opportunity to seek a review is a breach of their human rights – in particular, the right to a private or family life. These are rights, of course, that these offenders have taken away from their victims in the cruellest and most degrading manner possible. The government is disappointed and appalled by this ruling – it places the rights of sex offenders above the right of the public to be protected from the risk of re-offending - but there is no possibility of further appeal. This government is determined to do everything we can to protect the public … [Read more...]
The Law Commission accepts a referral from the Department of Health to review the regulation of health and social care professionals
February 18, 2011 from Leave a Comment
Extract from Law Commission Web site Regulation of Healthcare Professionals The regulatory framework governing the health- and social-care professions has become complex and expensive and requires continual Government intervention to keep it up to date. On 16 February 2011, the Government announced a review of the framework, referring the project to the Law Commission. Accepting the project, Frances Patterson QC, Law Commissioner for Public Law, said: “The Law Commission is pleased to be conducting this review of the regulatory regime that governs the work and conduct of healthcare and social care professionals. The existing legislative landscape has developed piecemeal over the years, leaving the law fragmented, difficult to access and inefficient. The legal framework is an impediment to the freedom that the regulators need to improve their performance, cost effectiveness and service to the public, rather than an enhancement. The Commission will aim to … [Read more...]
Sex offenders in England and Wales are set to be given the right to appeal against having to register with the police for life.
February 17, 2011 from Leave a Comment
This is an extract from a news report on the BBC website Thousands of sex offenders in England and Wales are set to be given the right to appeal against having to register with the police for life. Home Secretary Theresa May said the government would make the "minimum possible changes" to comply with a 2010 Supreme Court ruling. She said ministers were "appalled" by the ruling and the bar for appeals would be set as "high as possible". Sex offenders will only be able to appeal 15 years after leaving prison. The Supreme Court ruled that denying offenders the right of appeal was incompatible with their human rights. Only individuals sentenced to more than 30 months for a sex-related crime are required to register with police for life. Source: BBC … [Read more...]
Review on criminal records regime published
February 14, 2011 from Leave a Comment
The independent review by Sunita Mason on criminal records regime titled A Common Sense Approach - which FACT contributed to, has been published. In announcing the Review the Home Office said ... "The first phase of this two phase review focused on issues concerned with the extent and demands of pre-employment vetting systems and the role of the Criminal Records Bureau (CRB). Read the terms of reference of the review Phase 1 of Mrs Mason’s review has now been submitted and will now be given careful consideration by ministers. A government response to the recommendations will be announced in due course." Summary of the recommendations: I recommend that eligibility for criminal records checks is scaled back (recommendation 1) I recommend that criminal records checks should be portable (transferable) between jobs and activities (recommendation 2) I recommend that the Criminal Records Bureau (CRB) introduce an online system to allow employers to check if … [Read more...]
New education bill will give protection for teachers falsely accused by pupils
January 28, 2011 from 1 Comment
This article by Kate Loveys appeared in the Daily Mail on the 27th January 2011 New education bill will give protection for teachers falsely accused by pupils Teachers are to be granted anonymity when pupils make allegations against them, which will only be lifted if a charge is made. The proposals are set out in Michael Gove’s Education Bill, which also gives teachers new powers to search pupils. It will also be made easier for teachers to hand out detentions. They will no longer have to give parents 24 hours’ notice. Teachers accused by pupils of allegations will be protected under new proposals in the Education bill (posed by model) And heads will have the final say on expulsions – stopping independent appeals panels from forcing children back into school. The Education Secretary said the moves are necessary to reverse the ‘out of control’ behaviour which has driven teachers from the profession. Every school day nearly 1,000 children are … [Read more...]
Government to opening up public bodies to public scrutiny and increase scope of FoIA
January 7, 2011 from Leave a Comment
New plans to extend the scope of the Freedom of Information Act (FOI) to open up government and other bodies to public scrutiny, were unveiled by the Ministry of Justice today. The changes will make it easier for people to use FOI to find and use information about the public bodies they rely on and their taxes pay for, by: increasing the number of organisations to which FOI requests can be made, bringing in bodies such as the Association of Chief Police Officers, the Financial Services Ombudsman, and higher education admissions body UCAS; and also all companies wholly owned by any number of public authorities consulting on bringing a range of further bodies which are believed to perform functions of a public nature under the FOI umbrella, including Examination Boards, Harbour Authorities, the Local Government Association and the NHS Confederation making most public records available at The National Archives and other places of deposit ten years sooner, when they … [Read more...]
Minor changes to Police Act 1977
November 17, 2010 from Leave a Comment
Lynne Featherstone, Parliamentary Under-Secretary of State at the Home Office has issued a new Statutory Instrument S.I. 2010/2702 which amended The Police Act 1997 (Criminal Records) (Amendment No. 2) Regulations 2010. The Police Act 1997 (Criminal Records) (Amendment No. 2) Regulations 2010 … [Read more...]
Ministry of Justice consult on statitical definitions of crime
November 17, 2010 from Leave a Comment
Improvements to Ministry of Justice statistics Open date: 17 November 2010 Close date: 18 February 2011 The Ministry of Justice's Chief Statistician is seeking feedback on proposals to make criminal justice statistics more transparent and user friendly. The proposals are: to resolve key conceptual issues raised by users when examining current Ministry of Justice statistical publications. These relate to consistency of definition of proven offending and proven re-offending; conviction rates; and measurement of the number of crimes where an outcome is reached introduce a quarterly Criminal Statistics bulletin which will give an overview of trends in crime, out of court disposals, prosecutions, convictions and sentencing and will rationalise several existing publications; and introduce a single coherent framework for measuring re-offending to replace the existing six different re-offending measures. This will include consolidating five separate publications on … [Read more...]
Government may extend qualifying period for unfair dismissal claims
November 7, 2010 from Leave a Comment
The Government's new advisor on small businesses could recommend an increase in the length of time employees have to work before being allowed to bring unfair dismissal claims according to the Outlaw website Employees can currently take unfair dismissal claims against employers once they have been in their jobs for a year. The Government's just-appointed small business advisor Lord Young confirmed to BBC Radio this morning that he might recommend preventing such claims until workers had been employed for two years. The Government said that it had appointed Lord Young to his unpaid advisory post to "ensure the economic contribution that small and medium-sized businesses make and the issues they face are recognised at the very heart of government". Lord Young said that he would have to consult with small businesses before making any recommendations but confirmed earlier leaks that the increase in the amount of time employees have to work before being eligible for unfair … [Read more...]
Scotland Government consult on Sex Offender Registration
November 7, 2010 from Leave a Comment
The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 This Order makes amendments to Part 2 of the Sexual Offences Act 2003 to provide sex offenders, who are subject to the notification requirements of that Part for an indefinite period, with a mechanism for the review of the justification for continuing to remain subject to those requirements for a further period of time. 25 October 2010 Dear Consultee Consultation on the Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010. Closing date 23rd December 2010 The Scottish Government has published a consultation document on the enclosed Order which makes amendments to Part 2 of the Sexual Offences Act 2003 to provide a mechanism for the review of the justification for continuing the indefinite notification requirements in individual cases. Please use the Respondent Information Form provided or clearly indicate in your response which parts of the consultation paper you are responding to, as this will aid … [Read more...]
Care Leavers (England) Regulations 2010
November 5, 2010 from Leave a Comment
The Government have published the Care Leavers (England) Regulations 2010 These Regulations revoke, and in part replace with amendment, the Children (Leaving Care) (England) Regulations 2001 (the 2001 Regulations). They make provision about the advice, assistance and support local authorities provide to children and young people aged 16 and over who are no longer “looked after” - that is, children who were looked after by a local authority, whether or not they were in the local authority’s care by virtue of a care order. The Regulations include provision for local authorities’ assessment of the needs of these young people, about the preparation of the local authorities’ plan (“pathway plan”) to provide them with advice, assistance and support, and prescribe the functions of the personal advisers appointed for the young people. Of particular interest will be Section 10 which states that relevant records must be retained by the responsible authority until the … [Read more...]
Scotland: Protection of vulnerable groups – scheme delayed
November 4, 2010 from Leave a Comment
The Scottish Government have confirmed that their new safeguarding scheme has been delayed. In a Media Release they say... Protection for vulnerable groups The introduction of a new scheme to improve the protection of vulnerable groups has been postponed until February to ensure the system which supports it is as robust as it can be before it goes live. Children's Minister, Adam Ingram, announced the postponement today following advice from the Protection of Vulnerable Groups (PVG) Scheme programme board. The scheme had been due to go live on November 30. Announcing the delay at the Scottish Parliament's Education Committee today, Mr Ingram said: "The system of background checks for those who have access to vulnerable people, including our children, has to be as robust as possible. Our current system is very good and the new system will be even better. However, given how important this protection is, in making a change the precautionary principle must apply. Therefore, … [Read more...]
