Forbes Insurance Blog

The Duty to Accommodate Teenagers – Council Fails to Separate Teenager’s Need for Help from her Mother’s

In our recent blog “S20 and the Duty to Accommodate…When is enough, enough?” we looked at the case of R v Haringey which considers the extent of the duty owed by Local Authorities to accommodate teenagers in accordance with s20 Children Act 1989. The Court concluded that it is not necessarily unlawful for a Local Authority to make the decision not to provide a young person with further accommodation and support, should the young person continually and unequivocally refuse such suitable placements.

Another case has emerged which further considers the extent of a local authority’s duty to accommodate teenagers.   Read more

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S20 and the Duty to Accommodate…When is enough, enough?

The case of R (on the application of A) v Haringey LBC considers whether the Local Authority (in this case, the London Borough of Haringey) had carried out its duty under Section 20 of the Children Act 1989 to provide accommodation to a 17-year-old boy who repeatedly refused to be placed. Read more

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GDPR in the Insurance Sector – what has changed?

Having been looming on the horizon since 2016, GDPR and the Data Protection Act 2018 are now in full force and effect. Insurers, claims handlers, loss adjustors, and solicitors all handle vast quantities and categories of personal data relating to claimants, defendants, witnesses, experts, their own employees (even judges) and so on, and therefore need to be aware of what has changed.

Will the new rules impact how we defend claims or detect fraudulent claims? Yes… and no.

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It’s official! Data Protection Act 2018 given Royal Assent today

Today, the Queen gave Royal Assent to the Data Protection Act 2018, which was first announced in the Queen’s Speech on the 21st June 2017. The new act comes into effect on Friday 25 May 2018. Read more

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Potholes – AA Announces #FlagitFunditFillit Campaign

In recent months there has been extensive national and local press coverage discussing the state of the highway network and the number potholes. A harsh winter and reducing budgets has taken its toll in some areas. One person in Swindon has even taken to submerging dolls heads in potholes to attract attention to the issue. Read more

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Unmarried Partner wins the Right to Bereavement Damages

A woman has successfully fought for the right for unmarried persons to receive bereavement damages after her partner of 16 years died as a result of negligence in 2011. Read more

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Foster carer applies to Employment Tribunal for workers’ rights…

On 9 October 2017 it was reported that foster carer, Sarah Anderson has lodged an employment status and unpaid holiday claim with the Employment Tribunal against Hampshire County Council. In what could possibly be a landmark case, Ms Anderson wishes to obtain ‘worker’ status for foster carers.  Read more

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Disciplinary Proceedings and Psychiatric Harm

Case Name: Marsh v Ministry of Justice [2017] EWHC 1040 (QB)

Legal point of interest: The common law duty of care towards employees to prevent exposure to any foreseeable risk of injury and/or psychiatric damage.  Read more

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Family Court Judge Criticises The Lack Of Therapeutic Support Offered To A Mother Who Faces Losing Her Second Child

The case of A Local Authority v The Mother & Another (2017) EWFC B59 raises interesting questions. Could the public money that a Local Authority expends to remove a child from their parent, be better invested at a much earlier juncture in the social work process, in the sourcing and commissioning of therapeutic care to the struggling parent/ parent-to-be? Read more

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Queen’s Speech confirms GDPR to survive Brexit

Through yesterday’s Queen’s Speech, the government confirmed that which the ICO has already indicated: that there will be data protection law in the UK post-Brexit. Alongside the Great Repeal Bill and various others, will sit a Data Protection Bill, as outlined on pages 46 & 47 of the Queen’s Speech Background Notes, the purpose of which is stated to be to “make our data protection framework suitable for our new digital age, allowing citizens to better control their data”.

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