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07 April 2011
Issue: 7460 / Categories: Legal News
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Adult social care law faces reform

Adult social care law is a complex and confusing area, and people struggle
to understand their basic legal rights.

That is the experience of many of the 231 respondents to the Law Commission’s February 2010 consultation, Adult Social Care.

The respondents strongly backed retaining key legal rights, maintaining duties to cooperate between social services and other agencies and introducing a duty to investigate in adult protection cases.

Frances Patterson QC, the public law commissioner responsible for the review, says: “We have been struck by the widespread positive support for our adult social care project, and the strength of agreement we are seeing that this area of law must be reformed as a matter of priority.”

The commission’s final report is due to be published in May 2011, with potential legislation scheduled for 2012.

Ed Mitchell, general editor of the Journal of Community Care Law, said that the Law Commission has carried out a very impressive consultation and outreach programme.

He added: “Most of the consultation responses have not come from lawyers—this is not a bill with an exclusively legal audience. To achieve their aims, therefore, it is vital that the Law Commission produce a bill whose structure and language delivers messages that can be grasped by those without legal expertise. Otherwise, the good work done so far risks being undone.”
 

Issue: 7460 / Categories: Legal News
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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