Safeguarding, Harm, Deprivation of Liberty Q&As

There are 3 types of convention rights:   Absolute (or nearly so!) eg art 3 Limited (narrow exceptions) eg art 5 Qualified (broad exceptions) eg arts 6, 8, 9, 10, 11, 14 and 1, 2 of the 1st Protocol   Absolute rights are short and to the point, and they admit of no ‘manoeuvring around’,

The UN protocol to Prevent, Suppress and Punish Trafficking in persons sets out that in Article 3 the definition of a “trafficked person” and makes clear that in respect of children, i.e. those under 18, that the “recruitment, transportation, transfer, harbouring or receipt of a child for the purposes of exploitation”  equates to trafficking even

Sterilisation will rarely be therapeutic; it will be for social reasons (ie preventing pregnancy). The same is true of vasectomy. Hysterectomy will sometimes be recommended for very heavy painful periods, but with it will go an inevitable loss of fertility. The opportunity to be a sexual being is a part of private life and the

All the following ‘products’ of public sector functions are open to challenge: for example – Decisions in individual cases, and strategic and rationing decisions Actions (the way in which services are delivered, or assessments done etc) Policies (criteria, but also unpublished policies, and custom and practice) Procedures (ones required by statute, or ad hoc ones

Whilst it is incumbent on employers to avoid placing their staff in a position of foreseeable risk (or, where this is not possible, to minimise that risk), employees also have various duties to themselves in the law of negligence and under the health and safety legislative framework, breach of which can affect the extent of

If the alleged victim has mental capacity to take a view that they have been abused, they will also be capable of deciding whether the police should be involved. Where the person is of less than full capacity, and where the alleged abuser is not a client of the authority and is to all intents

There is no general common law obligation on an employee to ‘blow the whistle’ on his or her misconduct or the misconduct of others. However, in Sybron Corporation v Rochem, the Court of Appeal concluded that whilst there is no general obligation to report a fellow-employee’s misconduct, whether such a duty does exist depends on