Sibling relationships in the care system – Transparency Project
‘A recent podcast on BBC sounds by ‘File on 4’ focused on separated siblings in the care system.’
Transparency Project, 19th January 2020
Source: www.transparencyproject.org.uk
Category: care orders
Children: Public Law Update – Family Law Week
‘John Tughan QC of 4 Paper Buildings reviews recent important public law cases concerning children.’
Family Law Week, 9th January 2020
Source: www.familylawweek.co.uk
Family Law Newsletter #32 – Spire Barristers
‘Articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’
Spire Barristers, 6th January 2020
Source: spirebarristers.co.uk
A ‘fair hearing’ in the family court includes the judge creating the appropriate atmosphere – 5SAH
‘Within the U.K. there are two judicial systems: the law of England and Wales and the law of Scotland; which differ slightly. The Human Rights Act 1998 came into force on the 2nd October 2000 to incorporate the European Convention on Human Rights and Fundamental Freedoms 1950 (‘the Convention’) into the law of England & Wales. At the same time that the Human Rights Act 1998 was passing through parliament the Scotland Act 1998 was also making its’ way through parliament. Under the Scotland Act 1998, in May 1999, the U.K. devolved legislative and executive power to Scotland. The primary function of the Scotland Act 1998 was to set up a system of devolved government for Scotland, but it also included important provisions relating to the protection of the rights guaranteed by the Convention (‘Convention rights’).’
5SAH, 10th December 2019
Source: www.5sah.co.uk
Guidelines for judges to divert newborns from care proceedings – Law Society’s Gazette
‘Newborns could be diverted from care proceedings if more time is given to pre-birth assessments where there are safeguarding concerns, according to a review published today.’
Law Society's Gazette, 11th December 2019
Source: www.lawgazette.co.uk
Siblings in care proceedings – Parklane Plowden Chambers
‘‘I’d like a sibling assessment too, please’ are words usually accompanied by a roll of the eyes as the already stretched social work team tots up the extra work involved. On the extensive list of parenting assessments, viability and kinship assessments, expert assessment and so forth, the sibling assessment is often the bottom of the priorities.’
Parklane Plowden Chambers, 2nd December 2019
Source: www.parklaneplowden.co.uk
Striking the Right Balance – Contact for Infants in Care – Pallant Chambers
‘Removing a child from the care of their birth parents is a drastic measure that can be very traumatic, perhaps even more so when the child is a new-born baby. This was acknowledged by Munby J (as he then was) in Re K [2008] EWHC 540 (Fam) where he held that “it was a very drastic thing indeed to interfere with a young mother’s contact with her new-born baby and his contact with her, particularly at a time when ‘threshold’ (s 31 (2) of the 1989 Children Act) is yet to be established.”’
Pallant Chambers, 26th November 2019
Source: www.pallantchambers.co.uk
Court of Appeal allows appeal over care and placement orders over failure by judge to give adequately reasoned judgment – Local Government Lawyer
‘The Court of Appeal has allowed an appeal brought by a great-aunt from care and placement orders made by a judge at the conclusion of proceedings concerning a two-year-old boy, J.’
Local Government Lawyer, 19th November 2019
Source: www.localgovernmentlawyer.co.uk
Brothers’ and sisters’ rights in care – Transparency Project
‘Many people believe that we do not pay enough attention to the rights of children in care to stay with, or at least stay in touch with, their brothers and sisters. Our relationships with our brothers and sisters can be the longest and most valuable in our lives but, for a range of reasons, these relationships can be disrupted when children are taken into care – or adopted – and are arguably overlooked by the law.’
Transparency Project, 17th November 2019
Source: www.transparencyproject.org.uk
Court of Appeal orders “unprecedented” second retrial in care proceedings following death of 10-year-old girl – Local Government Lawyer
‘The Court of Appeal has ordered a second retrial in care proceedings relating to five siblings following the death of a ten-year-old girl in 2016, describing the judgment from the first retrial as“wrong and procedurally unjust”.’
Local Government Lawyer, 15th November 2019
Source: www.localgovernmentlawyer.co.uk
Family Division judge hands down ruling in care proceedings involving 49 parties – Local Government Lawyer
‘A Family Division judge has handed down his judgment in what is said to have been one of the largest public law children’s cases ever litigated.’
Local Government Lawyer, 31st October 2019
Source: www.localgovernmentlawyer.co.uk
Behaviour of family judge meant hearing amounted to serious procedural irregularity, High Court judge finds – Local Government Lawyer
‘A district judge who was found “shaking with rage” during a case on a child’s care plan has had her ruling overturned on grounds of serious procedural irregularity.’
Local Government Lawyer, 31st October 2019
Source: www.localgovernmentlawyer.co.uk
District judge ‘sarcastic and shaking with rage’ in flawed family hearing – Law Society’s Gazette
‘The Family Court has overturned a district judge’s care ruling after finding she “crossed the line” during the hearing, creating a hostile atmosphere and alienating everyone appearing before her.’
Law Society's Gazette, 25th October 2019
Source: www.lawgazette.co.uk
When One Parent Kills Another – how should the family court approach this? – Family Law Week
‘Care proceedings where one parent has killed the other are particularly tragic for the children involved. This article considers some of the issues that arise in these cases and explores some of the case law when dealing with the death of one parent killed by the other.’
Family Law Week, 21st October 2019
Source: www.familylawweek.co.uk
Court has no power to require Cafcass to undertake work with non-subject child, judge rules – Local Government Lawyer
‘A court has no power to require Cafcass to appoint one of its officers, whether a children’s guardian or otherwise, to undertake any work with or play any role with a non-subject child, a High Court judge has concluded.’
Local Government Lawyer, 1st Octoer 2019
Source: www.localgovernmentlawyer.co.uk
Can parents agree to a 16 year old being detained? – Transparency Project
‘As a result of a new Supreme Court judgment, local authorities will no longer be able to offer residential care, with parents’ agreement, to 16 and 17 year olds where they are supervised and not free to leave – unless there is a court order. This decision potentially affects many thousands of teenagers who are in supportive placements.’
Transparency Project, 28th September 2019
Source: www.transparencyproject.org.uk
Majority of care cases continue to miss 26-week deadline – Law Society’s Gazette
‘The average time it takes to conclude care proceedings remains significantly high, according to latest quarterly statistics published today. Figures released by the Ministry of Justice, covering April to June, show that the average time for a care and supervision case to reach first disposal remained the same as it did for January to March – 33 weeks. This is the longest average time since the last quarter of 2013.’
Law Society's Gazette, 26th September 2019
Source: www.lawgazette.co.uk
County to pay mother £24k after Ombudsman report into overcrowding and failure to comply with care order – Local Government Lawyer
‘A county council has agreed to pay £24,000 after a Local Government and Social Care Ombudsman investigation into a case where a mother of three, who also took on the care of her two grandchildren, had to sleep on a mattress in her living room for more than 10 years because the local authority did not deliver the support it had agreed to.’
Local Government Lawyer, 29th August 2019
Source: www.localgovernmentlawyer.co.uk
The 1COR Quarterly Medical Law Review – Summer 2019 – Issue 2 – 1COR
‘Welcome to the second issue of the Quarterly Medical Law Review, brought to you by barristers at 1 Crown Office Row. This quarterly publication aims to provide summaries and comment on recent cases in medical law, including clinical negligence, regulatory, and inquests.’
1COR, 7th August 2019
Source: www.1cor.com
