By: lucystock

The Weekly Round-up: social care spending, Stafford statements and Ukraine’s legal battle

10 June 2022 by lucystock

In the news:

• The recent Health and Care Act 2022 has come under scrutiny for introducing a cap on social care spending. From October 2023, the government will introduce a cap of £86,000 on the amount anyone in England will need to spend on their care over their lifetime. The cap will no longer count contributions from local authorities towards care costs. Disabled people living in the UK already spend an average of £583 a month in relation to their healthcare. The cap is much larger than the £35,000 recommended by the 2011 Dilnot Commission. There are concerns the cap breaches the Equality Act 2010 by discriminating against disabled people and other groups.

• In a report published on Tuesday 31 May, the Information Commissioner’s Office highlighted the need to reduce the requirements for complainants in rape and serious sexual offence cases to sign Stafford statements. These forms give officers consent to obtain often highly sensitive third-party materials, including medical, education and counselling records. They are said to be undermining trust and confidence in the criminal justice system. The report also called for police to stop assuming alleged rape victims have consented to searches of their phones and other devices.

• An impact assessment paper on the dangers of lifting restrictions on police stop and search powers, dated January 2022, was published on Tuesday. In the equality impact assessment, commissioned by the Home Office, officials warned that easing of conditions could damage community relations and lead to more people from minority ethnic backgrounds being targeted.

The Weekly Round-up: children’s social care, traveller discrimination and Ukraine war crime verdicts

31 May 2022 by lucystock

30 May 2022 by Lucy Stock

In the news:

• On Monday 23, the Russian tank commander Vadim Shishimarin was sentenced to life in prison by a court in Kyviv. He previously pleaded guilty to killing Oleksandr Shelypov, 62. Shishmarin’s trial has been closely watched by investigators collecting evidence of possible war crimes to bring before the international Criminal Court (ICC) in the Hague. International law experts will also scrutinise the verdict of the 21-year-old tank commander; a key question arose from the proceedings about how much scope the Kyviv court has now left itself for sentencing Russians for more heinous or numerous offences.

• The Independent Review of Children’s Social Care, led by Josh MacAlister, was published on Monday 23 May. The report included more than 80 recommendations and suggested a windfall tax on the 15 largest children’s homes and fostering providers. Projections claim that by 2032 there could be approaching 100,000 children in care costing £15 billion per year. An investigation by The Times has demonstrated that many inexperienced or first-time owners of children’s home have opened residences in order to charge as much as £1,000 a day. MacAlister has also encouraged the government to consider adding those with care experience to the Equality Act.

• The Gender Recognition Reform (Scotland) Bill has caused controversy in recent years, with opponents raising concerns about how it could affect the rights of women and girls. On Tuesday, Ellie Gomersall – the first trans person to be elected as the president of NUS Scotland – and Malcom Dingwall-Smith, Sportscotland’s strategic partnerships manager, both gave evidence to the qualities, human rights and civil justice committee concerning its effectiveness. The former, asserted the limited powers of the bill to reduce crime in single-sex spaces, and the latter highlighted that the bill would have no impact on a section of the 2010 Act that allows trans people to be barred from the sports of their acquired gender if the governing body deems it interferes with ‘fair competition or the safety of competitors’.

• On Thursday, Britain’s equality regulator announced that it has launched a formal investigation into Pontins holiday parks due to continued concerns about discrimination against Gypsies and Travellers. Last year, Pontins owner, Britannia Jinky Jersey Limited, entered into a 12-month contract with the Equality and Human Rights Commission (EHRC), following allegations that the company operated a discriminatory booking policy. On the 18 February the EHRC terminated the contract, judging that Pontins had not taken the required steps to prevent unlawful race discrimination or honour its commitments under the agreements. The EHRC has now launched a formal investigation that will consider whether Pontins has committed unlawful acts under the Equality Act 2010.

In other news: