Law and Rights
A lurking sense of unease
In EH v London Borough of |Greenwich [2010] EWCA Civ 344 - Lord Justice Wall (now President of the Family Division) - engaged in trenchant criticism of social services in Greenwich (and perhaps, indirectly, on a wider basis). Wall LJ stated that he was not engaging in "gratuitous criticism" of social workers but stated that the local authority in the case had acted in a way which was inimical to the ethos of the Children Act 1989 and wholly contrary to good practice in care proceedings. It is reported that the British Association of Social Workers have expressed "astonishment" at the criticism - see Family Law Week.
As the "fall-out" from the Baby -P case continues, it was with a "lurking sense of unease" that Foskett J decided against Sharon Shoesmith - see the lengthy full judgment here. Of course, it is right that dismissal has to be an option where officials are, after fair and proper investigation, found wanting in the performance of their duties. However, the sense of unease ought to be widely shared by fair-minded people who will see a great deal for concern in the processes used to dismiss Shoesmith and also in the subsequent handling of the case. It will be no surprise if this "sense of unease" manifests itself by way of the unintended consequence of fewer people taking up child protection work. [See Baby P- just what is going on?]. Scrupulous fairness must be followed or that unintended consequence may become a certainty.
See "Sharon Shoesmith and the crisis in child protection" - Patrick Butler - The Guardian 23rd April 2010. See also Family Law Week.
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Sharon Shoesmith - Reported Compensation
"Accountability" is not synonymous with "Heads must roll" - per Maurice Kay LJ in R (Shoesmith) v Ofsted and others [2011] RECA Civ 642 at para 66. In December 2008, Sharon Shoesmith was dismissed as Director of Children's Services for Haringey Council. ...
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Sharon Shoesmith ~ Reported To Have Received £600,000 Compensation ~ Has Anything Been Learned?
Sharon Shoesmith was Director of Children Services in Haringey at the time of the death of Baby P. It is reported that she has settled her claim against Haringey and is to receive some £600,000 in compensation - Daily Mail 29th October. ...
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"accountability" Is Not Synonymous With "heads Must Roll" - But Are There Really Constitutional Issues At Stake?
Baby PJudgment of Foskett J - R (Shoesmith) v Ofsted, Secretary of State for Children Schools and Families, London Borough of Haringey [2010] EWHC 852 (Admin) Appeal from Judgment of Foskett J -R (Shoesmith) v Ofsted and others [2011] EWCA Civ 642 The...
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A Day With Many Legal News Items .... Here Are A Few
Judicial review not to be allowed to stand in the way of deportations: Fellow blogger CharonQC has wondered whether the present government plans to abolish all law! He writes about the planned deportation of a number of people to Iraq. ...
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Baby P - Just What Is Going On?
Baby-P died of his injuries on 3rd August 2007. This appalling case dominated the headlines in late 2008 - see e.g. The Independent 18th November 2008. The media spotlight fell particularly on Haringey Social Services and on Sharon Shoesmith...
Law and Rights