‘The Court of Appeal declines to give guidance on whether a treating clinician who was also an expert would, in some cases, be able to give expert evidence without meeting the requirements of Part 25. It did recommend input by the President’s working group on the issue.’
Park Square Barristers, 27th August 2019
Source: www.parksquarebarristers.co.uk
‘A woman slept on a mattress in her living room for more than 10 years because her council house was too small for her and five children.
The Local Government Ombudsman ordered the council to pay her compensation. The council apologised and said it would pay her £24,000 to reflect the “avoidable distress” she and her family suffered.’
BBC News, 29th August 2019
Source: www.bbc.co.uk
‘“Not very” seems to be the answer in the Court of Appeal decision in M (Children) [ 2019] EWCA Civ 1364 . Sir Andrew McFarlane upheld Keehan J’s decision to disclose the parents’ initial statement and position statement to the police following the initial interim care hearing. In family proceedings parents are advised that their evidence is confidential to those proceedings. They are encouraged to be open and frank and to understand that their children’s interests are the Court’s main concern. But something seems to be eroding these principles, a trend set since the case of Re H (Children) [2009] EWCA. The Court of appeal approved the test from Re C ( see below) and gave it the “fit for purpose” badge. The decision should be seen in the context of this being a police terrorism enquiry.’
UK Human Rights Blog, 7th August 2019
Source: ukhumanrightsblog.com
‘The Court of Appeal has held in Re M (Children) (Disclosure to the Police) [2019] EWCA Civ 1364, that the Re C test for disclosure of material from care proceedings to the police remains good law after 23 years, and in the light of the Human Rights Act 1996, but with the qualification that disclosure must be necessary and proportionate.’
UK Police Law Blog, 31st July 2019
Source: ukpolicelawblog.com
‘Sophie Crampton, barrister of 4 Brick Court, considers what purpose the provision might serve in determining care proceedings.’
Family Law Week, 26th July 2019
Source: www.familylawweek.co.uk
‘A man who refused to register his son’s birth because he says he does not want him to be controlled by the state has lost a high court case.’
The Guardian, 23rd June 2019
Source: www.theguardian.com
‘The Court of Appeal has issued a reminder to practitioners that receiving a judge’s draft judgment in care cases is “not an ‘invitation to treat’, nor is it an opportunity to critique the judgment or to enter into negotiations with the judge as to the outcome or to reargue the case in an attempt to water down unpalatable findings”.’
Local Government Lawyer, 29th May 2019
Source: www.localgovernmentlawyer.co.uk
‘The Family Justice Council has published interim guidance on special guardianship, with the primary purpose of addressing cases where an extension to the statutory 26-week time limit is sought in order to assess potential special guardians, more fully, within public law proceedings.’
Local Government Lawyer, 28th May 2019
Source: www.localgovernmentlawyer.co.uk
‘Potential special guardians put forward late in care proceedings should be realistic prospect and not merely the result of a ‘trawl through all possible options’, fresh guidance published by the judiciary has said.’
Courts and Tribunals Judiciary press release
Law Society's Gazette, 28th May 2019
Source: www.lawgazette.co.uk
‘Partner Oliver Gravell and trainee solicitor Georgia Wright, of Birketts LLP, examine MPs support for a young woman who was seeking to deny parental rights to a man who raped her, as they are demanding a change to the Children Act 1989. Gravell and Wright look at the legal issues surrounding parental responsibility.’
Family Law, 26th February 2019
Source: www.familylaw.co.uk
‘Imogen Powell, of Ashfords LLP, writes that parental responsibility is a concept introduced by the Children Act 1989. The Act defines PR as “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to a child and his property”. As the phrase suggests, the concept of parental responsibility serves to highlight the idea that parents have “responsibilities” or “duties” towards their children, as opposed to “rights” over them.’
Family Law, 22nd February 2019
Source: www.familylaw.co.uk
‘A group of private backers has agreed to fund a national unit supporting courts which help parents deal with drug or alcohol addiction so their children are not taken into care.’
BBC News, 14th February 2019
Source: www.bbc.co.uk
‘Anna McKenna QC, 1 King’s Bench Walk, Emily Boardman, partner, Boardman, Hawkins & Osborne LLP and Anna Sutcliffe, barrister, 1 King’s Bench Walk consider the circumstances when it may be appropriate to challenge interim threshold findings in an alleged NAI case without waiting for evidence from a single joint expert.’
Family Law Week, 30th January 2019
Source: www.familylawweek.co.uk
‘A mother has been forced to give up her four-year-old son after failing a hair-strand drug test and losing a controversial court battle over his care.’
The Independent, 20th January 2019
Source: www.independent.co.uk
‘John Tughan QC of 4 Paper Buildings reviews recent, important Children Public Law cases.’
Family Law Week, 13th December 2018
Source: www.familylawweek.co.uk
‘The President of the Family Division, Sir Andrew MacFarlane issued some guidance last week on the anonymisation of published judgments in family court cases.’
Transparency Project, 10th December 2018
Source: www.transparencyproject.org.uk
‘A Family Court judge has condemned a council’s care for two young women as “woeful” and said he was “appalled” by failures of social workers and managers.’
Local Government Lawyer, 11th December 2018
Source: www.localgovernmentlawyer.co.uk
‘Speech by Rt. Hon. Sir Andrew McFarlane: Association of Lawyers for Children Conference 2018.’
Courts and Tribunals Judiciary, 23rd November 2018
Source: www.judiciary.uk
‘In AH v CD and others [2018] EWHC 1643 (Fam), [2018] All ER (D) 162 (Jun) an application by a father who sought his son’s return to Spain, after the child was taken out of the jurisdiction by his mother, raised issues under the 1980 Hague Convention, and also as to the discharge of a care order made by a court which had not been told of the child’s father’s whereabouts. Richard Jones, barrister at 1 Garden Court Chambers, explains the issues.’
Family Law, 28th August 2018
Source: www.familylaw.co.uk
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