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Proposals for new ‘Clare’s Law’ under consideration |
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On a similar note, proposals are currently being considered by the Home Secretary, Theresa May for a so-called ‘Clare’s Law’ to be put in place which would allow people to check if their new partner had a history of domestic violence and for police to release certain information about this to them (subject to certain safeguards and guidelines).
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Pilot scheme in England tests new ways of dealing with domestic abuse |
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A pilot scheme aimed at finding new ways to tackle domestic violence has recently got underway in England.
Under the scheme Domestic Violence Protection Notice and Orders (DVPN/DVPO) can now be issued against perpetrators of domestic violence who present a continuing threat to their victim. Police will also now be able to take the decision to legally ban a violent partner from their own home even if they have not been charged with an offence.
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Employers’ duty of care extends to references and other communications |
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A recent case before the High Court in England found that employers owe a duty of care to former and future employees in relation not only to references but also to other communications made by an employer about an employee.
In McKie v Swindon College, [2011] EWHC 469 (QB), an art historian worked in various educational institutions. He left work at Swindon College for a job at Bristol City College and thereafter he gained a post at the University of Bath. He received an excellent reference from Swindon College but 6 years later was dismissed from the University of Bath on the basis of communications made about him by Swindon College. Mr McKie raised an action for damages.
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Protection from Harassment - what qualifies as a “course of conduct”? |
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Marinello v City of Edinburgh Council [2011] CSIH 33
The Protection from Harassment Act 1997 allows victims of harassment to obtain non-harassment orders with a view to preventing further incidents and also to obtain civil remedies such as damages for anxiety or financial loss caused as a result of such harassment.
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Adults With Incapacity ~ Case Summary |
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Application in respect of DC, Glasgow Sheriff Court, 22 October 2010
In this recent case consideration was given to the issue of whether the duty to intimate an application for guardianship on the adult concerned could be dispensed with in terms of the Adults With Incapacity (Scotland) Act 2000.
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Children's Hearing ~ Case Summary |
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Grandparent’s Rights: Children’s Hearing Appeal J and S.Y. (MH)
The Appellant in this case was grandmother to 2 children who were had been placed in foster care under a Child Protection Order and subsequently under a Supervision Order. The grandmother was appealing against a decision by the Children’s Hearing to i) refuse to consider her a ‘relevant person’ in terms of s93(2) of the Children (Scotland) Act 1995 and ii) to order that she was to have no contact with the children.
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