Tuesday 22 June 2010

Work experience

Hey everyone,

I've just had my second day of work experience at a solicitors' firm in Cheltenham, and it has definitely been an eye-opener, not to mention very generous, as I got to leave at 2 o'clock this afternoon for some retail therapy in Topshop and a sleepy sun-drenched afternoon in my garden!

But onto the law aspect - I've already learnt lots of new things. So far I've been working in the Commercial and Commercial Property departments, and while they don't sound like one big party (and let's be honest, of course it wasn't!), it was certainly very interesting, and I got to read one case file that really inspired me and made me realise that I am pursuing the right career.

Obviously I can't give names and other details like that, but here are the basics: an individual applied to become a childminder with OFSTED, but at around the same time was persuaded to return to full-time work. Therefore she didn't respond to OFSTED's requests for more information, and never fully completed the application. In accordance to OFSTED's rules, this meant that they had to refuse her application on the grounds of incompletion of application, and she was automatically disqualified from working with children(!)

However, some time later the individual decided she wanted to become a foster carer, and so applied through FCA. But because of this disqualification with OFSTED, the agency has refused to carry on with proceedings, ALTHOUGH:

1) OFSTED have confirmed that it was just an administrative error on the part of the applicant that caused the disqualification, and therefore it is not anything which could cause harm to a child;
2) According to the law, it IS possible for the FCA to use their discretion and allow this to carry on, as it is just a clerical fault that is hindering it; however they refuse to do so.

Sounds quite unreasonable, doesn't it? This individual is being treated the same as a paedophile or a child abuser, all for not filling in a form, completely unaware of the consequences (as these were not made clear to her).

The work that the solicitors did on her behalf was, and still is, outstanding. Reading their many letters to almost everyone, even writing to the Minister for Children, Young People and Families, I was struck by their passion (sorry about the cheesiness of this, but it's true!). Although this was in the Commercial department, I felt it was a strong human rights case, particularly with the unhelpfulness of the FCA and the County Council. For shame!

In my opinion, I think the laws need to be changed so things like this are amendable. Applying to be a childminder should not be applicable to fostering if a situation like this arises, particularly as even if OFSTED waive the rejection of her application, it will have no affect on her application to be a foster carer as the 'disqualification' will still be there. Reforms need to be made to ensure that nothing like this happens again.

Do you have any views on this? Please comment and let me know what you think!

2 comments:

  1. Welcome to the blawgosphere... I'll add you to my blogroll over at law actually.

    Best of luck with the rest of your work experience placement; it brings back a lot of good memories from the various stints I've done. I think it's great that your sharing the experience with your readers, but you might want to edit out the name of the firm from the post. You've no idea how fussy some firms can be over what you post online and there's no point running even the slight risk of jeopardising anything at this stage of your career. :-)

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  2. Okay will definitely edit out the name now, thanks for the advice and definitely thanks for adding me to your blogroll! (:

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