News & Events

Public Law

Patrick Sadd questions Lenny Harper in Jersey Care Inquiry

Politicians and corrupt police officers were accused yesterday of covering-up the systematic child sex abuse by paedophiles on Jersey. Patrick Sadd, Counsel to the Inquiry, questioned Lenny Harper, retired Deputy Chief Officer of States of Jersey Police, who told the official inquiry that yachtsmen were “loaned” vulnerable children to abuse. For more information please click here to read more.

News 13 Jan, 2016

Independent Jersey Care Inquiry Phase 2 commences

The second phase of the Independent Jersey Care Inquiry (IJCI) has just got underway. Counsel to the Inquiry, Mr Patrick Sadd, has provided a summary of Phase 1 and the witnesses who have given evidence so far – many raising allegations of abuse suffered in the care of the States. Evidence in Phase 2 will be heard from different groups of witnesses from various authorities: the States of Jersey Police (SOJP), the Honorary Police, politicians, law officers, former law officers and the Bailiff. Mr Sadd also listed some of the events between 1989 and 2010 that formed a backdrop to Phase 2, including convictions of abusers, the dropping of charges against alleged abusers and the establishment and closing down of…

News 20 Oct, 2015

Former manager tells Jersey Inquiry that the system failed children in care

Giving evidence to the Independent Jersey Care Inquiry, Marnie Baudains, the retired directorate manager of Social Services, admitted that she was surprised when charges against Alan and Jane Maguire were dropped following an investigation in 1997. Patrick Sadd, counsel to the inquiry, read a statement from Mrs Baudains, who was a child care officer at the time. It said that she and her colleagues were ‘expecting a conviction ‘ when charges were brought against the Maguires in 1997, and that the service had ‘failed’ children in care. The pair left their role as housekeepers at the Blanche Pierre care home in 1990 following allegations of abuse, but Mrs Maguire was kept on in Children’s Services. Asked why she felt that Social…

News 5 Aug, 2015

Part 1 of the Care Act 2014 breakfast seminars

Outer Temple invites you to its spring seminars on the Care Act 2014. We are running 4 seminars looking at different aspects of the Act. You are welcome to attend all or select the topics which appeal to you most. Care and support under the Care Act 2014 – an introduction to Part 1 of the Act 14th May 2015, 08:30 to 10:00. The Care Act 2014 replaces a patchwork of social care legislation with a single system intended to establish eligibility for care and support for adults with needs, and for carers. This session will cover the new “wellbeing” principles underpinning the Act, who is entitled to an assessment, how the new national eligibility framework will be applied, the…

Events 6 May, 2015

Patrick Sadd Counsel to Jersey Care Inquiry

Counsel for the Inquiry, Outer Temple’s Patrick Sadd, has been questioning both a former child care officer, and also an ex-staff member of the Haut de la Garenne home. Danny Wherry was a former Child Care Officer whose job in the 70s and 80s involved visiting youngsters in foster homes and institutions to check on their welfare, and he gave his evidence this week at the Inquiry into historical child abuse, as did ‘Mr K’, a former staff member at the Haut de la Garenne home at the centre of the Inquiry. Under questioning from Patrick Sadd, Mr Wherry stated he saw cases of neglect, including on one occasion where a door handle had been removed from a child’s bedroom…

News 20 Apr, 2015

John McKendrick acts in landmark Court of Protection case

John McKendrick, instructed by Hannah Taylor of Bevan Brittan, acted for two health authorities and the relevant local authority in complex proceedings, resolved by Mr Justice Cobb by granting the relief sought by the applicants, permitting the sterilisation of a learning disabled woman, referred to as DD. The proceedings began in May 2014 and have involved decisions by Mostyn J, Pauffley J and Cobb J and have been reported at Mental Health Trust & DD [2014] EWCOP 11; [2014] EWCOP 13; and [2014] EWCOP 44. Mr Justice Cobb’s decision in Mental Health Trust v DD & BC [2015] EWCOP 4 is the latest decision in these complex proceedings. He concluded the evidence powerfully demonstrated DD lacked capacity to make decisions…

News 4 Feb, 2015

Local authorities are not liable for acts of abuse by foster carers

In a decision handed down on 2 December 2014, the High Court held that local authorities who place children in foster care are not vicariously liable for acts of physical and sexual abuse committed by foster carers against those children, nor are they legally responsible for those acts under a non-delegable duty of care (NA v Nottinghamshire County Council [2014] EWHC 4005 (QB)). Background NA had “a very unhappy childhood”. In 1985, she and her siblings were taken into the care of Nottinghamshire County Council (“the Local Authority”). Thereafter, NA was accommodated in her mother’s home, in a succession of residential children’s homes, and in a variety of foster placements. NA alleged that she suffered two periods of abuse when…

News 16 Dec, 2014

Fiona Scolding joins Outer Temple

We are delighted to announce that Fiona Scolding has joined chambers Public Law team.

News 21 Aug, 2014

Patrick Sadd secures £350,000 for child abuse survivor

Patrick Sadd, instructed by Anthony Gold recently won damages of £350,000 for a claimant who was abused as a child and subsequently suffered from post-traumatic stress disorder and psychosis and had an extensive history of self-harm and attempted suicide. The 45 year old was abused by the volunteer leader of a branch of a youth organisation. The case was settled on a global basis with no particular breakdown of damages. Patrick is a barrister who specialises in Child Abuse law, is currently working on the Independent Jersey Care Inquiry.

News 6 Aug, 2014

Independent Jersey Care Inquiry

It has just been announced that Outer Temple’s Patrick Sadd and Harriet Jerram have been appointed Counsel to the Independent Jersey Care Inquiry to look into child abuse on Jersey following the scandal that broke in 2007 when former residents of a children’s home on the island, Haut La Garenne, came forward to disclose the abuse to which they had been exposed. When the story broke it received world-wide coverage and caused public disquiet and concern in Jersey. The States established a Redress Scheme. In 2012 the States agreed to an independent inquiry being set up. The terms of reference set by the States of Jersey are wide ranging. Crucially, the Inquiry will hear the accounts of many victims of…

News 13 Mar, 2014

Court of Appeal rejects bid to exclude more public sector workers from collective redundancy consultation protection

United States of America v Nolan [2014] EWCA Civ 71 (04 February 2014) On the 4th February 2013 the Court of Appeal handed down its latest judgement in the long running collective redundancy consultation case of USA v Nolan, in which Mark Mullins of Outer Temple Chambers, instructed by Thompsons Law on behalf of the GMB, continues to represent Mrs Christine Nolan. The decision confirms that public sector workers in the UK have statutory redundancy protection (with those in “crown employment” excluded and covered by voluntary arrangements). The USA has sought permission to appeal the decision to the Supreme Court. The important question of when the obligation to consult over collective redundancy arises (‘the Fujitsu issue’) is to be…

News 5 Feb, 2014

Judge approves man’s sterilisation

John McKendrick, instructed by Weightmans solicitors, has appeared for the local authority in a ground breaking case before the Court of Protection. Today, Mrs Justice Eleanor King has made legal history by granting an application for a declaration that it is lawful and in the best interests of an incapacitated adult to undergo a non therapeutic sterilisation. This is believed to be the first time a court in this jurisdiction has approved such a procedure being carried out on a man who is incapable of consenting. John acted for the local authority, who argued the incapacitated man should undergo the sterilisation procedure to provide him with greater independence and to safeguard his relationship with his long term girlfriend. The man…

News 15 Aug, 2013

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