Monday, 29 June 2009

Barnet Council Staff read this

The Corporate Manslaughter act 2007

Before you do anything which diminishes care for the elderly in Barnet, such as removing wardens - read this :-

The Corporate manslaughter and Corporate Homicide Act 2007 - http://www.opsi.gov.uk/acts/acts2007/pdf/ukpga_20070019_en.pdf


A few potted highlights to give food for thought

Corporate manslaughter and corporate homicide
1 The offence

(1) An organisation to which this section applies is guilty of an offence if the way in which its activities are managed or organised—

(a) causes a person’s death, and

(b) amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased.

So we're clear of what the offence is. Does it apply :-

(2) The organisations to which this section applies are—

(a) a corporation;

(b) a department or other body listed in Schedule 1;

(c) a police force;

(d) a partnership, or a trade union or employers' association, that is an employer

So what is meant by a duty of care :-

2 Meaning of “relevant duty of care”

(1) A “relevant duty of care”, in relation to an organisation, means any of the following duties owed by it under the law of negligence—

(a) a duty owed to its employees or to other persons working for the organisation or performing services for it;

(b) a duty owed as occupier of premises;

(c) a duty owed in connection with—

(i) the supply by the organisation of goods or services (whether for consideration or not),

(ii) the carrying on by the organisation of any construction or maintenance operations,

(iii) the carrying on by the organisation of any other activity on a commercial basis, or

(iv) the use or keeping by the organisation of any plant, vehicle or other thing;

(d) a duty owed to a person who, by reason of being a person within subsection (2), is someone for whose safety the organisation is responsible.

I'd suggest you read the whole document. If you are responsible for removing a warden and someone loses their life, as I understand it, this could apply to you. How would this look on your CV?

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