English Law and Policy

Question: Explain which of areas of current English law and policy are relevant (Sections and names of Acts need to be accurate) and justify a course of action that is appropriate in terms of law and policy. Answer: Introduction In the given case, there are four different scenarios, which are governed by separate UK legislations. The different UK legislations like the Care and Support Law, Family Law and public Health, The Criminal law statutes and the Childrens Law are made applicable in the four different scenarios presented within the case study. Scenario 1: Toby is disabled by arthritis and is thus entitled to receive benefits. In the case, the General physician treated Toby without any care and diligence and Tobys benefits were reduced. As per the Care Act 2010, UK, the care provider that is the general physician should provide diligent care and be attentive to the needs of Toby (Nhs.uk, 2015). Further, as per the Equality Act 2010, Toby has the right to be treated with equal respect at workplace and at any social occasions. Thus, as per the provisions of both Care Act and Equality Act, Toby can file a legal suit against the doctor for unfair treatment at the clinic (Maclean, 2012). Scenario 2: In this case John, the elder son of Toby has opposed Tobys wish of a second marriage as he is not comfortable with the new bride. In this case, however as per the regulations of the Marriage Act 1753, any individual above the age of 16 years can marry as per their personal wish without any parental or any other consent. In this regard, both the Marriage Act 1753 and the Civil Partnership Act both sets the rules that only under the following conditions the marriage may be restricted namely: If the individuals are already married or are in a civil partnership If the individuals engaging in the act of marriage are under the age of 16 years If the individuals engaging in the act of marriage are close relatives of one another If the individuals are incapable mentally of understanding the importance and nature of marriage ceremony Since, in this case, none of the above facts are present hence consent of the child is not a restraining factor for the marriage (Family-law-advice.org, 2015). Scenario 3: In this case, John is suffering from learning disability and is thus treated badly by the youth group members. The mental condition of John makes him feel angry and aggressive at different situations. In the recent scenario, John has been accused of stealing and is waiting for a relevant legislation. As per the Mental Capacity Act 2005 and the Mental Health Act 1983, John is entitled to claim for defenses on the ground of the lack of suitable mental capacity of performing acts of theft. Moreover, the members of the Youth Association can be charged on the grounds of Hate Crime, which states that the mere feeling of hatred towards a mentally challenged person may provoke the offenders to deliberately frame the person for a criminal offence (Criminalrecordchecks.co.uk, 2014). Scenario 4: In the last case, Dot attending the local nursery has injured with burns within the school premise. The nurses have however attended to the burns by providing first aids. Childrens Act 2004, sets out the different legislations for the local authorities that will help make England a better and safer place for the Children of all ages. Under principles of this act the employees of the local communities like schools and other institutions should follow the following guidelines in order to effectively manage the safety and care of the children at school premises: To allow children to be healthy To make frequent investigations related to the fire safety and other safety policies within the school premises To make the school environment enjoyable and stable for the interaction of the children To arrange for immediate attention on any health related issues concerning to the child (Nhs.uk, 2015) In this case, the school staffs of Dot has abided by the norms of the Childrens Act 2004 and has effectively attended to the injury of the child. Thus, there are no legal provisions against the school authorities under the negligence of the duty of care (Adams, 2014). Conclusion The case shows the relevance of all the different acts of UK. In the first scenario it is seen that the doctor has breached the conditions of the Care Act 2010 and Equity Act 2010. In the second case, it can be confirmed that the marriage of Toby is possible under the Marriage act 1753 and in the third case it can be suggested that John can claim for defenses under the provisions of the Mental Capacity act 2005. Finally, in the third case it is seen that under the provisions of the Childrens Act 2004, the school staffs of Dot has reasonably attended to her injuries. Reference list Adams, A., (2014) Law for business students 8th edn., Harlow: Longman available through Dawson Era Criminalrecordchecks.co.uk, (2014).ISA - Independent Safeguarding Authority -. [online] Available at: https://www.criminalrecordchecks.co.uk/crb/isa-independent-safeguarding-authority [Accessed 20 Apr. 2015]. Family-law-advice.org, (2015).Family Law Legal Advice Resolution | Family Law Advice Centre. [online] Available at: https://www.family-law-advice.org/ [Accessed 20 Apr. 2015]. Maclean, S. (2012) Social care and the law. Kirwin Maclean Associates Nhs.uk, (2015).About social care services - The NHS in England - NHS Choices. [online] Available at: https://www.nhs.uk/NHSEngland/AboutNHSservices/social-care-services/Pages/social-care-adults.aspx [Accessed 20 Apr. 2015]. Nhs.uk, (2015).What is the Mental Capacity Act? - Care and support - NHS Choices. [online] Available at: https://www.nhs.uk/CarersDirect/moneyandlegal/legal/Pages/MentalCapacityAct.aspx [Accessed 20 Apr. 2015].