QUESTION: Where are they all disappearing to?
By Marco Giannangeli and Sonia Poulton
THE number of children who vanish from care homes has risen to record numbers, as local authorities across England and Wales continue to flout warnings.
THE number of children who vanish from care homes has risen to record numbers, as local authorities across England and Wales continue to flout warnings.

Chief Whip Mitchell sporting the commoner’s push-bike avec wicker baskette.

Cameron: Set-backs likely to delay any introduction of bill of rights
New guidelines could see fewer people being charged in England and Wales for offensive messages on social networks.
The Director of Public Prosecutions said people should face a trial only if their comments on Twitter, Facebook or elsewhere go beyond being offensive. He said the guidance combats threats and internet trolls without having a “chilling effect” on free speech. The guidance means some people could avoid trial if they are sorry for criminal comments posted while drunk. The guidance comes after a string of controversial cases, including the prosecution of a man who tweeted a joke threatening to blow up an airport.
Case law
Director of Public Prosecutions Keir Starmer said the Crown Prosecution Service (CPS) had now dealt with more than 50 cases relating to potentially criminal comments posted online – but there was so far very little case law set by senior judges to guide which trials should go ahead.
“These interim guidelines are intended to strike the right balance between freedom of expression and the need to uphold the criminal law” Keir StarmerDirector of Public Prosecutions
He said the interim guidelines, which come into force immediately, clarified which kinds of cases should be prosecuted and which would go ahead only after a rigorous assessment whether it was in the public interest to prosecute.
“The scale of the problem that we are trying to confront should not be underestimated. There are millions of messages sent by social media every day and if only a small percentage of those millions are deemed to be offensive then there is the potential for very many cases coming before our courts,” Mr Starmer told BBC Radio 4′s Today programme. The guidance says that if someone posts a message online that clearly amounts to a credible threat of violence, specifically targets an individual or individuals, or breaches a court order designed to protect someone, then the person behind the message should face prosecution. People who receive malicious messages and pass them on, such as by retweeting, could also fall foul of the law. However, online posts that are merely “grossly offensive, indecent, obscene or false” would face a much tougher test before the individual could be charged under laws designed to prevent malicious communications. Mr Starmer said that many suspects in this last category would be unlikely to be prosecuted because it would not be in the public interest to take them to court. This could include posts made by drunk people who, on sobering up, take swift action to delete the communication because they are genuinely sorry for the offence or harm they caused. Individuals who post messages as part of a separate crime, such as a plan to import drugs, would face prosecution for that offence, as is currently the case… Read more
AP/Washington Post
BERLIN — Facebook will fight a German privacy watchdog’s demand to allow users to register with fake names, insisting Tuesday that its current practice fully complies with the law.
The California-based social networking site has long required users to register with their real names — a policy that the data protection commissioner of Schleswig-Holstein state says is in breach of German law and European rules designed to protect free speech online.
The commissioner, Thilo Weichert, ordered Facebook on Monday to rescind its real name policy immediately.
“We believe the orders are without merit, a waste of German taxpayers’ money and we will fight it vigorously,” Facebook said in a statement. The company claims that its real name policy is intended to protect users.
Weichert told The Associated Press that Facebook has two weeks to respond. If it fails to comply with the order, his office can impose a penalty against the company, said Weichert.
The maximum fine would be only €50,000 ($66,000) — peanuts for a multinational company, but nevertheless a symbolic blow that could also lead to a tougher stance from other German and European privacy regulators.
“We have the right to prevent this data protection breach,” he said. “Theoretically we can order the website blocked, but that would be disproportionate.”
German privacy rules have posed a legal headache for Facebook, Google and other web giants in recent years. The country has strict laws on data protection that give consumers significant rights to limit the way companies use their information.
Weichert has previously warned investors against buying Facebook shares, warning that the company’s “business model will implode” because Facebook users’ private information is used in breach of European law.
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The new policies, which now apply to users as young as 13, enable Instagram, a photo-sharing service that Facebook bought in August, to use members’ names, text, photos and other content with marketing messages, the company said on its site. The new terms of use, set to take effect next month, could be exploitative, Chester said.
Facebook, operator of the world’s largest social network with more than 1 billion users, is changing policies for its Instagram unit as it looks for ways to increase revenue across its services. Instagram, popular with teens and young adults, reached more than 100 million users, Facebook Chief Executive Officer Mark Zuckerberg said in September.
Facebook “sees teens as a digital goldmine,” said Chester, whose group is focused on privacy issues. “We will be pressing the Federal Trade Commission to issue policies to protect teen privacy.”
If users are younger than 18, then they “represent” that at least one parent or guardian has also agreed to content being used in marketing, according to the updated usage terms. The changes are aimed at protecting members while preventing abuse, Instagram said in a blog.
In the updated policy document, Instagram also said it may not always identify paid services or sponsored content. The company said it doesn’t claim ownership of any content on the service, though some businesses may pay to display users’ names, likeness or photos in connection with sponsored content.
“Our updated privacy policy helps Instagram function more easily as part of Facebook by being able to share info between the two groups,” the company said. “This means we can do things like fight spam more effectively, detect system and reliability problems more quickly, and build better features for everyone by understanding how Instagram is used.”
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Tony Blair
The Government is committed to preserving the universal benefits – such as winter fuel allowance and free bus travel, prescriptions and TV licences – until 2015, and Prime Minister David Cameron has so far resisted pressure from Tory backbenchers to signal he will cut them after the general election.
But the Deputy Prime Minister today broke ranks to make clear that Liberal Democrats will “look again” at universal pensioner benefits, arguing that welfare cash “should not be paid to those who do not need it”.
“I just don’t think it’s justifiable, when so many people are tightening their belts, to say multi-millionaire pensioners still receive universal benefits across the board,” said the Lib Dem leader.
Asked if Mr Cameron backed Mr Clegg on the issue, the PM’s spokesman responded: “The Prime Minister made a commitment to protect those benefits and he believes in keeping his promises.”
But there was dissent on the Tory backbenches, as Broxbourne MP Charles Walker said Mr Cameron should be ready to make the universal benefits taxable as income before the election, to show that the older generation are bearing their share of the burden of reducing the deficit.
Mr Walker told BBC Radio 4′s PM programme that working people were “pretty sore” at seeing their child benefit and other support withdrawn or reduced, while pensioners’ payments are protected.
“Certainly there is going to be inter-generational tension and that tension is going to grow in the months ahead,” he said. “I think this is bound to create ill-feeling and it is something I believe the Government needs to look at and address.”
In a keynote speech marking his fifth anniversary as Lib Dem leader, Mr Clegg mounted a vigorous defence of the coalition’s welfare reforms, insisting the Government had an “absolute duty” to ensure the system was fair to all.
While acknowledging the changes had at times been “painful and controversial”, he argued that the Liberal Democrats had ensured they were firmly anchored in the political centre ground. When the Conservatives proposed benefit cuts of £10 billion in the Autumn Statement, the Lib Dems had acted as a moderating force, ensuring they were held to £3.8 billion, he said.
“When two-thirds of people think the benefits system is too generous and discourages work then it has to be changed, or we risk a total collapse in public support for welfare existing at all,” Mr Clegg told the CentreForum thinktank.
“We need welfare protection for people who fall on hard times. Of course. But you cannot ask low-income working people to pay through their taxes for people who aren’t in work to live more comfortably than they do.”
In a swipe at Chancellor George Osborne – who said the Government should be there for the “strivers” and not “shirkers” – Mr Clegg said not everyone who cannot find a job is simply being lazy.
“Of course, there are some on the right who believe that no-one could possibly be out of work unless they’re a scrounger,” said the Lib Dem leader.
“The siren voices of the Tory right who peddle this myth could have pulled a majority Conservative government in the direction of draconian welfare cuts.”
The speech came after a bad weekend for the Liberal Democrats, who slumped into fourth place behind the UK Independence Party on 8%-9% in a series of polls.
Mr Clegg’s former director of strategy, Richard Reeves, said the “curtain will probably fall” on the coalition before 2015 if the party fails to boost its support.
“Next year is the year the Lib Dem strategy – deliver then differentiate – will be tested. A more assertive stance in act two of coalition should mean greater support and more votes. If not the curtain will probably fall on the coalition before 2015,” wrote Mr Reeves in The Guardian.
Labour’s deputy leader Harriet Harman said: “Nick Clegg will try every trick in the book to distance himself from the record of his Government.
“But, as ever with the Lib Dems, they say one thing whilst doing another – resulting in a record of economic failure, trebled tuition fees, nurses cut, police axed and millions paying more while millionaires get a tax cut.
“Bearing this in mind, what we really should be hearing from Nick Clegg today is a proper apology and a declaration that from now on he will actually stick by the promises he makes.”
The threat to universal benefits was denounced by some of those campaigning for the elderly.
Ros Altmann, director-general of Saga, said that means-testing “may be a populist headline, but it is absolutely the wrong policy”.
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HM Revenue & Customs has been asked to investigate alleged tax avoidance by Prince Charles’s £700m hereditary estate.
The duchy of Cornwall last year provided Charles with an income of £18m and HMRC‘s anti-avoidance group is now being asked to examine its non-payment of corporation tax following a potentially significant court ruling on its legal status.
The issue has been raised by an accountant investigating the tax affairs of the duchy – an agricultural, commercial and residential landowner.
He has analysed the impact of a judicial ruling handed down last year. Anti-monarchy campaigners claim it shows the duchy is running “a well-entrenched tax avoidance scheme”.
The duchy insists it “is not subject to corporation tax as it is not a separate legal entity for tax purposes”. But John Angel, principal judge at the information rights tribunal, ruled last December it was a separate legal body to the prince.
Accountants now believe the ruling could leave the duchy exposed to the 24% levy on profits other organisations must pay. Any change to its tax status could result in a cut to the prince’s income.
Republic, the campaign for an elected head of state, has asked HMRC’s anti-avoidance team to investigate whether the ruling means the duchy is now “using a highly questionable interpretation of its legal status as a means of avoiding corporation tax obligations”.
A spokesman for HMRC said it would evaluate the information and “take appropriate action”. There is no suggestion any law has been breached. Clarence House strongly denies claims of avoidance.
The move comes as the House of Commons public accounts committee, which earlier this month criticised Starbucks, Google and Amazon for their “immoral” decisions to avoid paying more corporation tax, prepares to hold a hearing next year into the royal finances. As well as duchy income, last year Charles received £2.2m in grants from the taxpayer to pay for his travel by private jet, helicopter and train and the upkeep of Clarence House.
He voluntarily paid tax of £5m on his £18m income from the duchy last year, which Clarence House said was at the full 50% rate after deductions from expenses.
The duchy owns 53,000 hectares of land in 23 counties, including Prince Charles’s Gloucestershire home of Highgrove. It has provided incomes to successive Princes of Wales since the 14th century. The assertion that the estate is inseparable from Charles has allowed him to use its gross profits to fund private and official spending including 26 valets, gardeners and farm staff. In the past five years he has received more than £86m from the arrangement.
But when Angel was tasked with deciding if the duchy should publish information about its environmental impact, he ruled it must be considered a separate legal body to the prince because of “the differentiation of the duchy and duke in commercial and tax matters as well as under legislation and the contractual behaviour of the duchy”.
The judge said: “We find that the duchy is now a body or other legal person.”
Independent accountants and a firm of tax lawyers consulted by the Guardian over the claims confirmed the ruling had the potential to undermine the prince’s tax arrangements, but said it was not clear-cut.
“There appears to be no legal basis on which the duchy is not taxed and there is no legal basis for the arrangement under which Prince Charles pays tax on an ad hoc basis of his own making,” said Richard Murphy, who runs Tax Research LLP, and has examined the duchy’s arrangements. “We have a token PR gesture from Prince Charles, not unlike Starbucks’ arrangement [to pay voluntary corporation tax].”
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