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25 November 2010 / Richard Scorer
Issue: 7443 / Categories: Features , Child law , Personal injury
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Time to act

Richard Scorer says local authorities must stand up for at-risk children

Children in care are among the most vulnerable children in our society. After the “Baby P” case, there has been much attention on the issue of when children who are at risk of abuse should be taken into care. Many local authority social services departments are now overwhelmed by child protection cases, and it is likely that the numbers of looked after children will rise as a result. However, evidence suggests that the “life chances” of looked-after children are poor.

One issue which has been considered by the civil courts recently is the duties owed to looked after children once they come into care. Among other things, do local authorities owe a duty of care to pursue financial and legal claims on behalf of such children? A child taken into care following sexual abuse will almost always be able to make a claim to the Criminal Injuries Compensation Authority (CICA). However, the local authority, as the child’s legal “parent”, is likely to be

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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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