Criminals with UK children cannot be automatically deported, says EU court – The Guardian

Posted February 5th, 2016 in children, criminal records, deportation, EC law, families, news by tracey

‘The EU’s top court has told the home secretary, Theresa May, she cannot deport a Moroccan mother with a British-born son simply because she has a criminal record.’

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The Guardian, 4th February 2016

Source: www.guardian.co.uk

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Met police chief to meet Lord Brittan’s widow and apologise over false rape claim – The Guardian

Posted February 4th, 2016 in families, news, police, rape by tracey

‘Bernard Hogan-Howe to meet Brittan’s widow to discuss Scotland Yard’s failure to confirm former home secretary’s innocence before his death.’

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The Guardian, 4th February 2016

Source: www.guardian.co.uk

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An open or shut case? – UK Human Rights Blog

‘R(C) v. Secretary of State for Justice [2016] UKSC 2. When is it right to keep the names of parties to litigation a secret? That was the difficult question the Supreme Court had to grapple with in this judgment, handed down on Wednesday. The decision to allow a double-murderer to remain anonymous led to outraged headlines in the tabloids. Yet the Court reached the unanimous conclusion that this was the right approach. Why?.’

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UK Human Rights Blog, 29th January 2016

Source: www.ukhumanrightsblog.com

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Heterosexual Civil Partnership Refusal Not A Human Rights Breach – UK Human Rights Blog

‘Steinfeld & Anor v The Secretary of State for Education [2016] EWHC 128 (Admin). The High Court has ruled in the case of Steinfeld and Keidan v Secretary of State for Education, a human rights challenge to the law of Civil Partnerships. Mrs Justice Andrews ruled that the current law does not breach the human rights of opposite-sex couples who cannot obtain a Civil Partnership.’

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UK Human Rights Blog, 31st January 2016

Source: www.ukhumanrightsblog.com

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Who Guards the Guardians? – Family Law Week

‘The Association of Lawyers for Children and the National Association of Guardians ad Litem and Reporting Officers respond to recent guidance given in the Central Family Court on the need for guardians to justify their attendance at care hearings save in specified circumstances.’

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Family Law Week, 31st January 2016

Source: www.familylawweek.co.uk

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Regina (MM) v Secretary of State for the Home Department – WLR Daily

Posted February 1st, 2016 in citizenship, families, Islam, judicial review, law reports, public interest, terrorism by tracey

Regina (MM) v Secretary of State for the Home Department: [2015] EWHC 3513 (Admin); [2015] WLR (D) 503

‘The Secretary of State for the Home Department had no discretion to refuse citizenship by naturalisation under section 6(1) of the British Nationality Act 1981 in order to deter potential extremists from their activities through knowing that family members would not be naturalised in consequence.’

WLR Daily, 3rd December 2015

Source: www.iclr.co.uk

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There are sound reasons to oppose a ‘love tax’ – once again the Lords is our best protection – The Independent

Posted January 27th, 2016 in benefits, families, news, parliament by sally

‘The background to stories of conflict between the two Houses of Parliament has changed during our lifetime. A generation ago, unelected members of the Upper House were notorious for streaming into London from their country seats to vote in vast numbers in favour of reactionary measures like the notorious poll tax, from which they stood to gain handsomely.’

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The Independent, 26th January 2016

Source: www.independent.co.uk

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Poppi Worthington’s father flees abroad following death threats – The Guardian

Posted January 22nd, 2016 in child abuse, disciplinary procedures, evidence, families, news, police, sexual offences by sally

‘A father who was publicly identified by a high court judge for sexually assaulting his baby daughter shortly before she died has fled abroad after receiving death threats, his family has said.’

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The Guardian, 21st January 2016

Source: www.guardian.co.uk

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Unwritten Rules – large families in ToLATA cases – Family Law week

Posted January 18th, 2016 in dispute resolution, families, family courts, housing, news by tracey

‘Samuel Littlejohns, barrister, 1 Hare Court, considers legal, evidential and practical problems that can arise in real property disputes where family members share property based on intentions and cultural understandings which do not easily fall within the classifications of English law.’

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Family Law Week, 15th January 2016

Source: www.familylawweek.co.uk

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Surrogacy Law Update (January 2016) –

Posted January 18th, 2016 in birth certificates, children, families, family courts, news, surrogacy, time limits by tracey

‘Andrew Powell, barrister, of 4 Paper Buildings reviews recent developments in surrogacy law.’

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Family Law Week, 13th January 2016

Source: www.familylawweek.co.uk

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Shaw Review into the welfare in detention of vulnerable persons published: summary

Posted January 15th, 2016 in detention, families, human rights, immigration, mental health, news by sally

‘The review by Stephen Shaw into the welfare in immigration detention of vulnerable persons has been published today. The Government has responded stating that it “accepts the broad thrust of his recommendations” and that the Home Office expects its reforms reduce the number of those detained reduce and the duration of detention before removal.’

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Free Movement, 14th January 2016

Source: www.freemovement.org.uk

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Massive increase in family immigration fees for 2016-17 – Free Movement

Posted January 12th, 2016 in families, fees, immigration, news, visas by sally

‘The Home Office is proposing a massive 25% increase in already high immigration application fees for families for the year 2016-17. Family and spouse visas will in future cost £1,195. The maximum chargable for these applications will be increased from £2,141 to £3,250. The fee for a settlement application will increase to £1,875 and to £2,676 for Adult Dependant Relatives.’

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Free Movement, 12th January 2016

Source: www.freemovement.org.uk

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Woman in 30-year feud with daughter over dog called Fluffy wins legal fight to force her out of £1m flat – Daily Telegraph

Posted January 12th, 2016 in families, housing, news, repossession by sally

‘Judge condemns Caroline Hermsen as liar after she wrongly accused mother of getting her arrested over dog as he rules she can kick her out of home.’

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Daily Telegraph, 11th January 2016

Source: www.telegraph.co.uk

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Finance and Divorce Update January 2016 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during December 2015.’

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Family Law Week, 8th January 2016

Source: www.familylawweek.co.uk

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Family judge criticised for not naming council that breached father’s rights – The Guardian

‘A family court judge has come under fire after refusing to name a council that violated a man’s parental rights by taking his four-year-old daughter into care without a proper investigation.’

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The Guardian, 10th January 2016

Source: www.guardian.co.uk

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Sgt Alexander Blackman’s wife ‘cautiously optimistic’ of new appeal – Daily Telegraph

‘The wife of a Royal Marine given a life sentence for murdering a Taliban captive has said she is cautiously optimistic new evidence will see his case sent back to the Appeal Court.’

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Daily Telegraph, 16th December 2015

Source: www.telegraph.co.uk

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When might deportation orders be revoked before 10 years is up? – Free Movement

‘The facts of Secretary of State for the Home Department v ZP (India) [2015] EWCA Civ 1197 involved some of the worst breaches of immigration law ever seen in a reported decision: overstaying a visit visa in 2002 then organising and taking part in sham marriages, fleeing abroad in 2003 when detected and being convicted in her absence and then re-entering the UK in a false identity in 2005, obtaining settlement in this false identity in 2007 and then on detection being convicted again for breaches of immigration law and, after serving her sentence, being deported in 2009.’

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Free Movement, 14th December 2015

Source: www.freemovement.org.uk

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Mother of murdered son calls for jail time for all knife crimes – BBC News

‘The mother of a young man who was stabbed to death in west London has pleaded with judges to impose jail terms on anyone caught with a knife.’

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BBC News, 11th December 2015

Source: www.bbc.co.uk

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Austerity and Public Law: Alexander Latham: Defending Rights in the Face of Austerity: Is the Supreme Court Calling Time on Social Housing Managerialism? – UK Constitutional Law Association

‘In cases involving social housing, English courts have traditionally taken what we might call a “managerial” approach: their starting-point for analysis has not been the tenant or applicant for housing as a rights-holder, but the need of local authorities to distribute their scarce resources effectively. In Burrows v Brent LBC [1996] 1 WLR 1448, for example, where a tenant who was permitted to remain after a possession order was held not to have been impliedly granted a new tenancy, Lord Browne-Wilkinson said that “housing authorities try to conduct their housing functions as humane and reasonable landlords” (at 1455). The tenant might be forgiven for wondering why this should count against him, but clearly the implication is that as ‘humane and reasonable landlords’ local authorities should be left to manage their housing stock with as little interference from the courts as possible. More recently this attitude led to the courts’ extreme reluctance to enable a public sector tenant to rely on article 8 ECHR in possession proceedings. When the Supreme Court finally acceded to pressure from Strasbourg, it nevertheless drew the teeth from the human rights defence by agreeing with the Secretary of State’s submission that “a local authority’s aim in wanting possession should be a ‘given’ ” (Manchester CC v Pinnock [2011] UKSC 6, per Lord Neuberger at [53]), so that “there will be no need, in the overwhelming majority of cases, for the local authority to explain and justify its reasons for seeking a possession order” (Hounslow LBC v Powell [2011] UKSC 8, per Lord Hope at [37]). The local authority is simply assumed to be acting in a way which benefits the general welfare; this assumption is then taken to justify the effect of its actions on individuals in all but the most extreme of cases.’

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UK Constitutional Law Association, 9th December 2015

Source: www.ukconstitutionallaw.org

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Refusal of citizenship to wife and children of Islamist extremist declared unlawful – Free Movement

Posted December 8th, 2015 in citizenship, families, good character, news by sally

‘The Secretary of State for the Home Department refused the citizenship applications of the wife and two minor children of an Islamist extremist on good character grounds. The refusal was justified by the Home Office as punishment by proxy which would have the effect of deterring other extremists. The High Court has declared that unlawful in the case of MM & GY & TY v Secretary of State for the Home Department [2015] EWHC 3513 (Admin).’

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Free Movement, 8th December 2015

Source: www.freemovement.org.uk

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