This podcast is a broadcast of a seminar that Andrew Dawson gave at the Action on Elder Abuse Conference in 12 January 2009.  The presentation was given with slides - as you'll hear.  If you'd like copies of the slides please email andrew.dawson@brunswicks.eu and request them!

copyright Brunswicks LLP 2009

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Parliament has engaged in scrutiny for years through its Select Committees.  Local Authorities are meant to be doing the same thing - and should have been doing so since 2001 - however performance has been patchy to say this.

Scrutiny sheds light in dark corners - in places where, often generating publicity is enough to have things changed - it is the power of embarassment.

copyright Brunswicks LLP 2008

In this podcast Paul Watson draws on his years of practice to discuss the initial stages of a child abuse investigation from the stand point of the criminal law and what anyone facing such allegations will face.

We do appreciate that this is a very emotive subject - and the matter is dealt with sympathetically and with respect for all involved.

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info@brunswicks.eu

copyright Brunswicks LLP 2008

This podcast considers in particular the HSE's published guidance on managing work related stress as well as briefly discussing the criminal and civil sanctions for not doing enough in your wok place to manage the risks of it arising.

It is worth listening to Work Related Stress Part 1 - Jen's Story before listening to this podcast.

Useful sources - www.hse.gov.uk/stress  

The copyright in this Podcast and its associated information and description belongs to Brunswicks LLP 2008

All podcasts are copyright Brunswicks LLP 2005-2007.

You are free to distribute, circulate and copy any of these podcasts providing:

1. they are kept in their original form and are not edited in any way;
2. that Brunswicks LLP is acknowledged as the source;
3. that they are not sold, lent or hired for any consideration;
4. nothing is done or is associated with these podcasts that would or could adversely affect the reputation of Brunswicks LLP, its personel or any person featured on the podcasts 

Andrew Dawson takes you through the guidance and points out its likely crucial role in future prosecutions of companies and senior management.  Even the comments on the back of the document point to its use in court proceedings in future - so don't say you haven't been warned.

The document has been given the reference number INDG417 - if you search against that number you'll find the guidance straight away.  It is a good idea to download the guidance and have it in front of you as Andrew takes you through it.

copyright Brunswicks LLP 2007

This podcast has been in production along time - you may notice some older references in the broadcast - just because there is so much to say.  Having finally grasped the nettle and get it out I have decided to break this podcast down into chunks.  This first one is a description of the condition and some real insight into the condition in my interview with Jenny.

I'll look into the law and guidance on another occasion!

Copyright Brunswicks LLP 2007

Brunswicks LLP, 56 Hamilton Square, Birkenhead. CH41 5AS England

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For the last 10 years the EU Commission has claimed that the qualification "so far as is reasonably practicable" that applies to the general duties in health and safety law meant that the UK had failed properly to implement European Directive 89/391/EEC into UK law where no such qualifying phraseology could be found.

On 14 June 2007 the European Court of Justice ruled on this issue and found in favour of the UK government.

This legal challenge has at its heart the fundamental differences between the Code Napoleon style of legislating which prevails accross the EU where laws are expressed in absolutes but the court applying them can moderate them to ensure reasonableness and proportionality and the common law system where the courts must apply the law as it is written.   This difference of approach also perhaps lies at the heart of the UK's gold plating of EU directives - where we apply law written in absolute terms absolutely without taking cognisance of that those applying Code Napoleon principles would expect inherent flexibility of approach in their courts.

By the way who seems to have the safest workforce in Europe...

copyright Brunswicks LLP 2007

contact andrew.dawson@brunswicks.eu

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This is a recording of a presentation Keith Lewin gave in Suffolk earlier this year.  He was asked to consider what were the likley changes that would have impact on the Health and Social Care Sector in the months and years ahead.

If you would like a copy of Keith's script please send an email to info@brunswicks.eu   

copyright Brunswicks LLP 2007

Brunswicks LLP

national switchboard telephone number 0870 766 8400

24/7 Crisis Response telephone number 07855 855588

reg. office 56 Hamilton Square, Birkenhead CH41 5AS England       web: www.brunswicks.eu

In this wide ranging discussion the effects of making a "responsible person" responsible for undertaking a fire risk assessment is discussed along with the cultural changes both this and the way in which the Fire Service will audit performance. 

The discussion also talks about the challenges posedby muti-owned and occupied buildings.  The Georgian splendour that is Hamilton Square, Birkenhead is used as the example.

Useful links - www.opsi.gov.uk/si/si2005/20051541.htm for the RRO.

www.communities.gov.uk/index.asp?id=1162101 for Department of Communities and Local Government's portal to fire safety law for business.

If you link to our web-site www.brunswicks.eu we've posted a blank Fire and Rescue Service audit form on the relevant podcast page.

Contacts: Andrew Dawson

tel 0870 766 8400 ; email info@brunswicks.eu

24 hour crisis response 07855 855588

copyright Brunswicks LLP 2007

This podcast reproduces a presentation that Keith Lewin made to the Lincolnshire Care Association in October 2006 commenting in particular upon the changes in health and social care law that enable CSCI to demand action plans from care providers.  He also talks about the vexed question of fee transparency for in the sector and the downward pressure on fees being exerted by the Government.

Power point slides accompanied this presentation and are available upon request.  If you want them please send an email requesting them to Keith Lewin.

Contacts:  Keith.Lewin@brunswicks.eu

Direct Dial 0870 766 9285; Mobile 07779 128 599

Website:   www.brunswicks.eu

Switchboard 0870 766 8400;   Fax 0871 288 4089;

24hr Crisis Intervention Line 07855 855 588

Podcast and notes are copyright Brunswicks LLP 2007

The image of Keith in action is courtesy of Shine Photographics and Media

This podcast reproduces a talk Keith Lewin gave to the Lancashire Care Association in September 2006 considering the recent changes in the regulations affecting, primarily, care homes.  In particular he considers the pitfalls of action plans and gives pointers to give care providers greater flexibility in dealing with CSCI.

A power point presentation accompanied this talk and is available free of charge on request. 

If you would like copies of these slides, or to subscribe to Brunswicks Healthcare Review, or to provide feedback please send an email to Keith keith.lewin@brunswicks.eu .

Brunswicks LLP tel +44 (0)870 766 8400

Crisis Intervention Line 07855 855 588 - available 24/7

see our website for our full details www.brunswicks.eu

copyright Brunswicks LLP 2006

tel 0870 766 9281;               24 hr crisis intervention line 07855 855 588

fax 0871 288 4089;

email andrew.dawson@brunswicks.eu

web www.brunswicks.eu

Useful links:

Fire Safety Law Guidance

HSE Reach Helpdesk - tel 0845 408 9575 email: ukreachca@hse.gsi.gov.uk

HSC and HSE Simplification Plan

Buncefield Standards Task Group Initial Report

 Brunswicks LLP 2006

This podcast reproduces a lecture Keith Lewin gave at the Lancashire Care Association Conference Medicines Management and Awareness in April 2006.  The lecture followed the publication of the CSCI report Handled with Care.

The lecture considers the legal and regulatory framework which care providers must navigate and the need for effective policies and procedures if safety is to be maintained in the administration of medicines to service users.

A power point presentation accompanied this lecture and is available from Brunswicks free of charge upon request.  If you would like a copy please send an email to keith.lewin@brunswicks.eu mentioning this podcast in the title of your email.

ÃÂ Brunswicks LLP 2006

Contact details (UK telephone numbers)

tel 0870 766 8400; fax 0871 288 4089

www.brunswicks.eu

Keith Lewin gives an insight into his views of how care providers in the domicilliary care sector should deal with reports of adult abuse.  A powerpoint presentation is available to support the podcast, simply email keith.lewin@brunswicks.eu requestinig the 'Abuse powerpoint'.

Keith M Lewin   Brunswicks LLP

tel 0870 766 9285

keith.lewin@brunswicks.eu

www.brunswicks.eu

 Brunswicks LLP 2006

The Department of Health funded the charity Action on Elder Abuse to gather and review data about adult abuse.  After two years work they published their report Adult Protection Data Monitoring; Keith M Lewin from Brunswicks interviews those responsible for the report - the researcher, Daniel Blake, and the Chief Executive, Gary Fitzgerald about their findings and recommendations.

Contacts for Brunswicks -

web: www.bruswicks.eu; email keith.lewin@brunswicks.eu      tel 0870 766 8400; 24hr crisis response 07855 855 588

Contacts for Action on Elder Abuse

web: www.elderabuse.org.uk

Every business and everyone in control of work premises must do this by 1 October 2006.

Useful website to obtain guidance documentation:

www.commmunities.gov.uk/fire

Andrew W Dawson   Brunswicks LLP

tel 0870 766 9281

andrew.dawson@brunswicks.eu

www.brunswicks.eu

ÃÂ Brunswicks LLP 2006

Andrew W Dawson   Brunswicks LLP

tel 0870 766 9281

andrew.dawson@brunswicks.eu

www.brunswicks.eu

 Brunswicks LLP 2006

Andrew W Dawson    Brunswicks LLP

tel 0870 766 9281

andrew.dawson@brunswicks.eu

www.brunswicks.eu

 Brunswicks LLP 2006

Andrew W Dawson  Brunswicks LLP

tel 0870 766 9281

andrew.dawson@brunswicks.eu

www.brunswicks.eu

 Brunswicks LLP 2006 

Keith M Lewin    Brunswicks LLP

tel 0870 766 9285

keith.lewin@brunswicks.eu

www.brunswicks.eu

 Brunswicks LLP 2006

This is the first in a series of podcasts looking at the principal health and safety duties applicable to all work in Great Britain.

Andrew W Dawson     Brunswicks LLP

tel 0870 766 9281

andrew.dawson@brunswicks.eu

www.brunswicks.eu

 Brunswicks LLP

Keith M Lewin   Brunswicks LLP

tel 0870 766 9285

keith.lewin@brunswicks.eu

www.brunswicks.eu

 Brunswicks LLP 2006

Keith M Lewin - Brunswicks LLP

tel 0870 766 9285

keith.lewin@brunswicks.eu

www.brunswicks.eu

 Brunswicks LLP

Andrew W Dawson   Brunswicks LLP

tel 0870 766 9281

andrew.dawson@brunswicks.eu

www.brunswicks.eu

 Brunswicks LLP 2006

Keith M Lewin  Brunswicks LLP

0870 766 9285

keith.lewin@brunswicks.eu

www.brunswicks.eu

 Brunswicks LLP 2005

This podcast deals with the misconception that taking legal advice somehow equates with being seen as guilty and why having a good lawyer advising you is likely to be highly beneficial.

Andrew W Dawson   Brunswicks LLP

tel 0870 766 9281

andrew.dawson@brunswicks.eu

www.brunswicks.eu 

 Brunswicks LLP 2005

Contacts

Andrew W Dawson  tel 0870 766 9281

andrew.dawson@brunswicks.eu

Keith M Lewin tel 0870 766 9285

keith.lewin@brunswicks.eu

www.brunswicks.eu

 Brunswicks LLP 2005

Contact

Andrew W Dawson          Brunswicks LLP

tel 0870 766 9281

andrew.dawson@brunswicks.eu

www.brunswicks.eu

 Brunswicks LLP 2005

Contact

Andrew W Dawson   Brunswicks LLP

tel 0870 766 9281

andrew.dawson@brunswicks.eu

www.brunswicks.eu 

 Brunswicks LLP 2005