Lawyers conducting litigation owe a divided loyalty.
They have a duty to their clients, but they may not win
by whatever means. They also owe a duty to the court
and the administration of justice. They may not mislead
the court or allow the judge to take sides. Every lawyer
should be familiar with the words of Lord Hoffmann:
"Nobody is above the law mainly when focusing on
protecting the vulnerable adult in view of the case.
Justice in its broadest sense is the principle that people
receive which the 'deserving' being an impact upon
numerous fields, more in a mental health setting."
The primary legal responsibility for safeguarding
vulnerable adults lies with local authorities. A group of
people need to come together to find the best ways to
protect vulnerable adults, working within the principles
of partnership and accountability.
There can be no secrets and no hiding place when it
comes to exposing the abuse of vulnerable adults. The
Government's White Paper, 'Modernising Social
Services', published at the end of 1998, signalled our
intention to provide better protection for individuals
needing care and support. This is being taken up through
the Care Standards Bill. We are also committed to
providing greater protection to victims and witnesses,
and the Government is actively implementing the
measures proposed in 'Speaking Up for Justice', the
report on the treatment of vulnerable or intimidated
witnesses in the criminal justice system. Then if so, why
were my complaints not noted, as I followed all the
guidelines and policies? Why?
Again, with so many viewpoints and perspectives
including the concepts of moral correctness based on
ethics, rationale, law, religion equity and fairness the
state will sometimes endeavour to increase justice with operating courts and enforce rulings. As the court is a
person or institution based on fair judgement and
transparent in all angles.
Although a legal representative is bound to strive to
win a case, the lawyer must do so without in any way
seeking to evade the rules intended to safeguard the
administration of justice.
That report recognised that there were concerns
about both the identification and reporting of crime
against vulnerable adults in care settings, and endorsed
the proposals made by the Association of Directors of
Social Services, and others, that a national policy should
be developed for the protection of vulnerable adults. It
was agreed that local multi-agency codes of practice
would be the best way forward. The development of
these codes of practice should be co-ordinated locally
by each local authority social services department.
Hence trying to do what I believed was the best interest
for the service users under the Mental Act.
To support this process this guidance is being issued
under Section 7 of the Local Authority Social Services
Act 1970. Government departments have worked
closely together on the preparation of this guidance, and
we commend it to local authority social services
departments, the police service, and the health service.
An ex-junior lawyer, who was struck off after lying,
is appealing against the Solicitors Disciplinary
Tribunal's decision. was a newly qualified solicitor for
this company when she lost a briefcase with
sensitive documents when she accidentally left it on a
train. She did not immediately report the loss to her
supervisor at work, saying instead that she had left the
documents at home. She confessed just over a week
after the incident.
"Whether you provide health or social care, develop
or manage social housing, deliver emergency services,
or regulate complex professions, we're able to help you
to deliver services to your communities."
So, what about the vulnerable adults? I have tried to
be their voice. Who will be there for them?
"Women, like me, should try to do the impossible.
And when they fail, their failure should be a challenge
to others." – Amelia Earheart.