Local Government - July 2007
In this edition we look at corporate manslaughter, slippery
floors, Mental Health Act proceedings, the new National Framework
for Community Care, proposals for a single Equalities Bill,
new legislation to protect workers dealing with emergencies, and a
recent SEN case. We also include our regular digest of case
law and new legislation.
Corporate Manslaughter
The Corporate Manslaughter and Corporate
Homicide Act 2007 is finally on the statute books. Public
bodies can now potentially be convicted of manslaughter.
Chris Green
and Laura Hale look at what the position is now and how, if
the Act had been in force at the time, the
Barrow legionella case might have produced a
significantly different outcome.
Litigation – workplace injuries
Strict liability for slippery floors.
Steven Lynch looks
at a recent Court of Appeal decision in the case of Ellis v Bristol
City about an accident in a care home.
Mental Health - litigation
The House of Lords decides whether you always
need leave of the Court before bringing proceedings for unlawful
detention under the Mental Health Act 1983. Peter Wake comments on Robert
Seal v Chief Constable of South Wales.
Continuing Care
The new National Framework for Continuing Care
takes effect in October, but is it a missed opportunity to solve
some serious problems? Eve Francis investigates The National Framework
policies for assessing eligibility for continuing care, and local
care planning and review processes.
Equality – proposals for a single Equality Bill
Perhaps it should be compulsory for Parliament
to consolidate all the existing law every time it passes new
legislation? Jamie
Campbell reviews the Government’s consultation paper which proposes
consolidating all existing discrimination and equality
laws.
Employment – violence at work
New legislation to protect emergency workers
and those supporting them. Sarah Tedstone examines the new offences created by
the Emergency Workers (Obstruction) Act 2006.
Emergencies
Those of you who have been coping with the
recent floods will know all about managing major incidents, but
what can you do to stop people taking you to court
afterwards? Glyn
Thompson offers some advice on major incident management.
Special Educational Needs – human rights
A Human Rights Act claim by four children with
special educational needs is struck out. Andrew Cooper
discusses A & others v Essex County Council where Weightmans
represented the local authorities.
Cases and legislation
We highlight new cases and legislation of
interest to local authorities in June 2007. Cases and legislation
July 2007.
We hope that you find our bulletin informative
and practical and we would welcome feedback on ways in which we can
ensure that the bulletin best meets your needs. The
bulletin’s Editor is Graeme Creer,
Partner, Local Government Group. Graeme can be contacted at:
graeme.creer@weightmans.com.
This update does not attempt to provide a full
analysis of those matters with which it deals and is provided for
general information purposes only and is not intended to constitute
legal advice and should not be treated as a substitute for legal
advice. Weightmans LLP accepts no responsibility for any loss that
may arise from reliance on the information in this update. The
copyright in this update is owned by Weightmans.