@TheSmallPlaces@SocialWorkEng As far as I am aware the Assessment Regs have not been amended. They also talk about CRB rather than DBS so I don’t think you have missed anything
Supported decision-making for lawyers in legal matters for people with intellectual disabilities - not always obvious what this entails so this practical guide for lawyers from @IDRS_NSW looks really handy. https://t.co/vOP5OCuASJ
How will the new Labour government impact on the rule of law?
Tomorrow, Shabana Mahmood MP, Richard Hermer KC and @sarahsackman will be sworn in as the three most senior law officers: the Lord Chancellor, Attorney General and Solicitor General.
Shabana Mahmood was a junior barrister before she became an MP in 2010. Richard Hermer KC and Sarah Sackman are both coming directly from successful careers as barristers. Keir Starmer was a senior and highly respected barrister and the Director of Public Prosecutions before he became an MP in 2015.
So this is a government with some real legal talent and experience - something of a dream team. For the first time in a while!
I think there will be three possible impacts on the rule of law: (a) inevitable, (b) reactive and (c) proactive.
Inevitable - It is difficult to overstate how degraded the rule of law has been from the past few years, with the prorogation of Parliament to prevent a debate on Brexit, the constant drumbeat of criticism about human rights laws, the regular attacks on judges and lawyers (especially the very “lefty lawyers”… who are now the law officers), the undermining of international laws (such as the refugee convention) and institutions… the list goes on.
This needs some serious repair.
This will change quickly and dramatically, simply because Starmer, Hermer, Sackman and Mahmood will be positive about human rights/international law/international institutions.
Of course they will face the usual crises and compromises of being in government and that will lead to some tension between their natural inclinations and the realities of being in office - e.g if there is a rise in serious crime or terrorism.
But the difference e.g. to Stella Braverman as AG, will be stark and this will be a good thing.
Reactive - as mentioned, events will happen as they do to all governments.
I don’t know directly why Starmer chose Hermer but his background is in international law and the law of war (he has acted in claims relating to the Iraq and Afghanistan war). That’s probably a good clue.
He is the AG you would choose if you thought that the UK was likely to be embroiled either indirectly or directly in international conflicts. We are already deeply involved in Ukraine, and Israel/Gaza, where the UK is supplying weapons and the ICC and ICJ are both reviewing aspects of the conflict, is not going away any time soon. So Hermer will be an important voice there - though Starmer himself is no slouch.
Sarah Sackman was on the Government’s ‘A-Panel’ of counsel so will be used to acting for the govt on domestic legal issues, and as some have pointed out also has planning law expertise which will be important for the govt’s focus on reforming planning law and building many more houses.
The key thing is that whatever comes up, the fact that there are seasoned lawyers with a deep respect for the rule of law at the heart of government will make a big difference, even if e.g. Richard Hermer may need a bit of acclimatising to being on the government side maybe for the first time in his carer.
Proactive - this is the most interesting part for me. Yes it’s great to have these lawyers at the heart of government, but will they do more than just react? Will they proactively improve the rule of law? e.g.
(1) Legal aid and the criminal justice system - you don’t need to hear it from me that legal aid is on its last legs and has been at breaking point for years now. It is surviving on fumes. The criminal justice system is also literally crumbling. Will this government grapple with the problems? If it doesn’t, the opportunity of a generation will be lost. It really would be inexcusable.
(2) The right to protect has been degraded especially in the last 5 years. Will this government see the danger of that to the rule of law, and avoid the populist attacks on environmental protesters which the last government was so keen on? An early test is the upcoming appeal against Liberty’s successful challenge to the Public Order Act 2023 regulations.
(3) The judiciary: this is sensitive but I think there is a good argument for opening up the recruitment system for senior judges, e.g. in the Supreme Court, and to try and encourage a more diverse judiciary. e.g. there are currently 10 men and 2 women on the Supreme Court, and no black or Asian justices. Are the senior judiciary representative enough? Perhaps Dinah Rose KC could lead a review on this…
(4) Human rights and equalities law: there has been so much focus in the past 14 years on defending the Human Rights Act/ECHR/Judicial Review from being damaged that we haven’t thought much about the positive changes which could improve things. This government has something of a dream team to achieve this, but hasn’t been particularly ambitious in its manifesto.
The last Labour government brought in the Human Rights Act and the Equality Act. Those have, surprisingly, lasted 14 years of Tory rule, which suggests they worked as constitutional reforms. What will this government do to match those revolutionary changes?
Just some thoughts - congratulations to the new law officers and good luck!
Too often we hear how people with mental health issues, or people with mental capacity issues, including people in psychiatric care, care homes, with learning disabilities, don't have the same right to vote.
They absolutely do. Here's @charliclement_ guest blogging for us...
@NeilAllen39 I know the forms are standard not statutory forms but just wondered where ADASS get the authority from to create and change them ? Any thoughts ?
BASW strongly condemns recent comments made by Suella Braverman MP in relation to LGBTQ+ asylum seekers.
The Home Secretary is scapegoating desperate, scared people fleeing persecution to distract from Home Office failures.
Read our full statement ⬇️
https://t.co/XI34quZZ1t
Would be great to get this shared widely as we're able to offer funded human rights support to community & voluntary groups.
Here's what this has looked like so far ⬇️ & we're now about to start the next round working with new groups.
Online event on 15 Aug to find out more ⬇️
Today, our CEO is talking to the Parliamentary Assembly of the Council of Europe (birthplace of the European Convention on Human Rights)
She’ll discuss the deeply concerning changes the UK Govt is trying to make to human rights law incl. the #RightsRemovalBill & #AntiRefugeeBill
A huge thank you to all the social workers I have had the pleasure of spending time with over the years and to those I am yet to have the pleasure to meet. Happy #worldsocialworkday
@jess_230589 Oh well done Jess congratulations this is so well deserved and having spent time over the years I have never had any doubt what you could achieve. Fantastic news