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PRACTICE NOTES
CASE HUB NOTE—appeal lodged before the CAT in Sabre Corporation v CMA Archived—this archived case hub reflects the position at the date of the decision of 9 April 2020; it is no longer maintained. See further, timeline and commentary. Case facts Outline UK merger investigation into the anticipated acquisition by Sabre Holdings Corporation of Farelogix Inc. The proposed transaction involves horizontal overlaps in market for the supply of IT systems used by airlines and travel agents to sell airline tickets—namley, the supply of merchandising solutions and the supply of distribution solutions. Latest developments On 9 April 2020, the CMA issued its final report in its phase 2 investigation, finding that the transaction has resulted, or may be expected to result, in an SLC within the supply of merchandising solutions on a worldwide basis and the supply of distribution solutions on a worldwide basis. As a result, the CMA has decided to prohibit the transaction in its entirety. Parties • Sabre Holdings Corporation (Sabre) is a US-based company, headquartered in Southlake, Texas, that provides travel technology
NEWS
Safe Passage International has brought a legal challenge against the Home Office’s suspension of the Refugee Family Reunion pathway for child and partner reunification, which took effect on 4 September 2025, arguing that the decision is unlawful, irrational, and in breach of duties to safeguard children and comply with the Equality Act 2010. Safe passage notes that according to Home Office data, in the last year, more than 5,000 children have crossed the Channel, over half of them alone. Women and children are especially impacted by the suspension, making up 92% of all Refugee Family Reunion grants. The organisation states that the suspension forces refugees to use more restrictive and costly immigration routes intended for British citizens and settled migrants, imposing high fees, income thresholds, and procedural barriers that most refugees cannot meet, particularly women, children, and people with disabilities who previously formed the majority of applicants. Safe Passage and its legal representatives at Asylum Aid report significant psychological harm to separated families and warn that the remaining routes overlook the realities of those fleeing conflict and persecution, thereby increasing the likelihood that refugees will attempt unsafe journeys. Their case, lodged in November 2025 and granted permission in February 2026, highlights families unable to reunite, including one separated in Gaza, and is brought amid wider government plans to introduce further restrictions on refugee family reunion.
GLOSSARY
Safe harbor is the arrangement between the US Department of Commerce and the European Commission to allow personal data to be exported from the EU to the US. It was ruled invalid by the Court of Justice of the European Union in October 2015.
GLOSSARY
Investment strategy which minimises future uncertainty.
GLOSSARY
Term introduced on 6 April 2015 by the Pension Schemes Act 2015, s 48 to mean benefits other than Flexible benefits.
GLOSSARY
Part of a pension credit that is attributable to the contracted-out benefits of a member.
PRACTICE NOTES
Definition Safeguarding and administering investments (commonly known as 'custody') is a regulated activity under article 40 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544 (RAO). Safeguarding and administering investments consists of both of the following: • safeguarding of assets belonging to another, and • the administration of those assets. Arranging custody (for one or more other persons to carry on that activity) is also a regulated activity in its own right under SI 2001/544, art 40. The activity relates to assets which are designated investments (ie securities or contractually-based investments). Administering an investment would include, for example, crediting income arising out of an investment to the beneficiary's account; however, it is important that discretion is not exercised in the carrying out of the activities, otherwise the actions will fall within another regulated activity (that of advising on investments, or managing investments), and separate permission will be required. Safeguarding an investment is holding it in safe custody, eg looking after a share certificate. The Client Assets Sourcebook The Client
GLOSSARY
This is the regulated activity of safeguarding assets belonging to another and the administration of those assets (security or contractually based investments), or arranging for another person to carry on this activity (article 40 of the Regulated Activities Order).
PRACTICE NOTES
Safeguarding issues frequently underpin or arise in welfare proceedings in the Court of Protection and this Practice Note addresses how such issues should be approached. What is safeguarding? ‘Safeguarding’, in its broadest sense, encompasses all aspects of a person’s welfare. It is this meaning of safeguarding that informs the approach of local authorities to the provision of adult services. However, in the context of proceedings in the Court of Protection the term ‘safeguarding’ is generally used to refer to what might more accurately be called ‘adult protection’: investigation and intervention by a public body where it is suspected that a person has been, is currently, or may in future be, the subject of abuse. The statutory basis of safeguarding applications The Care Act 2014 (CA 2014) imposes specific safeguarding duties on local authorities in England. Equivalent duties are imposed in Wales by the Social Services and Well-being (Wales) Act 2014. It is important to note that it is not only local authorities who have safeguarding obligations:
PRACTICE NOTES
This Practice Note sets out the statutory duties to safeguard children. It covers local authorities' (LAs) duties to children in their area, interagency working between safeguarding partners, child safeguarding practice reviews and child death reviews. The government guidance for ‘Working together to safeguard children: A guide to interagency working to safeguard and promote the welfare of children (2023)’ (as updated periodically) defines safeguarding children and promoting the welfare of children as: • ‘providing help and support to meet the needs of children as soon as problems emerge • protecting children from maltreatment, whether that is within or outside the home, including online • preventing impairment of children’s mental and physical health or development • ensuring that children grow up in circumstances consistent with the provision of safe and effective care • promoting the upbringing of children with their birth parents, or otherwise their family network through a kinship care arrangement, whenever possible and where this is in the best interests of the children • taking action to enable all children to have the best outcomes
PRACTICE NOTES
STOP PRESS: This Practice Note is currently under review to reflect recent changes to statutory guidance. The 2025 version of Keeping Children Safe in Education came into force from September 2025. This statutory guidance sets out the legal duties that schools and colleges must follow to safeguard and promote the welfare of children and young people under the age of 18 in schools and colleges. See: LNB News 09/07/2025 33. The 2026 version of Working together to safeguard children in education was published on 18 March 2026. This statutory framework sets out the legislation relevant to safeguarding and should be read alongside the statutory guidance. See: LNB News 19/03/2026 30. What is safeguarding in education? Safeguarding has a wide definition in the context of the education sector. Statutory guidance for schools and colleges, ‘Keeping Children Safe in Education’ (known as ‘KCS’), defines safeguarding as: • providing help and support to meet the needs of children as soon as they emerge (children are defined as under 18 years of age) • protecting children from maltreatment, whether within
PRACTICE NOTES
This Practice Note intends to provide guidance on safeguarding to health care service providers. It covers the key safeguarding considerations for health care professionals. It explains the six adult safeguarding principles, strategies for health care safeguarding, points to look out for, the role of safeguarding boards and practical suggestions for health care providers. Local authorities may also find the content helpful. What exactly does ‘safeguarding’ mean? The word ‘safeguarding’ is in common parlance, but consider what it actually means. There are a number of statutes which relate to safeguarding, such as the Children and Social Work Act 2017, the Human Rights Act 1998 and the Safeguarding Vulnerable Groups Act 2006, but the most useful statute is the Care Act 2014 (CA 2014) which describes six key principles for safeguarding of adults: • empowerment • prevention • proportionality • protection • partnership • accountability These principles reflect the person-centred nature of safeguarding within CA 2014 intended to ensure a seamless integration between the different agencies involved in an adult’s care. Although primary responsibility for